IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028563 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of:

* General Orders (GO) Number 445 to show his correct service number (SN) as "xxxxxxx3" vice "xxxxxxx2"
* his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Silver Star

2.  The applicant states GO Number 445 awarded him the Silver Star but it shows the wrong SN; therefore, it was not added to his DD Form 214.

3.  The applicant provides his DD Form 214, GO Number 445, and a photograph.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  Having had prior enlisted service, the applicant's available record shows he was commissioned as an Infantry second lieutenant (2LT) in the Officer Reserve Corps, Army of the United States and he entered active duty on 26 October 1951 at New Orleans, LA.  The orders listed his full name as a unique four-part name as "Txxxxx A. M. Fxxxxxxxx Dx Lx Rxxxxx."  He held military occupational specialty 9312 (Reconnaissance Officer).

4.  Special Orders Number 235, issued by Headquarters, The Infantry Center, Fort Benning, GA, dated 19 October 1951, appointed and commissioned the applicant to 2LT upon entrance on active duty, effective 26 October 1951.  This order lists his SN as "xxxxxxx3."

5.  He was honorably released from active duty on 31 October 1953 in the rank of first lieutenant.  He completed 2 years, 11 months, and 22 days of total active service with 11 months and 7 days of foreign service.

6.  GO Number 445 indicates that while the applicant was in the Republic of Korea in October 1952 he was assigned to Company E, 17th Infantry Regiment, 7th Infantry Division.  The exact dates of his service in Korea are unknown.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Purple Heart
* Combat Infantryman Badge
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* National Defense Service Medal

8.  The applicant provides GO Number 445, issued by Headquarters, 7th Infantry Division, dated 20 October 1952, wherein he was awarded the Silver Star for gallantry.  His SN is listed as "xxxxxxx2."  The award citation states:

Second Lieutenant [Applicant], a member of Company E, 17th Infantry, distinguished himself by gallantry in action near Surang-hi, Korea.  On 


8 October 1952, he [applicant] led the assault platoon in an attack on a strategic enemy-held hill.  In the initial phases of the action the friendly forces were subjected to a withering hail of enemy small-arms, automatic-weapons, mortar, and artillery fire.  Repeatedly exposing himself to the withering fire, he moved from place to place making certain that each man was in the most advantageous position and directing their fire on the enemy emplacements.  When one extremely strong enemy point had pinned down his men, Lieutenant [applicant] called in artillery support fire and completely destroyed the enemy positions.  By his courageous leadership and unflinching determination, Lieutenant [applicant] inspired his men to move forward and secure the objective.  The gallantry displayed by him reflects great credit on himself and is in keeping with the highest traditions of the military service.  Entered the Federal service from Louisiana.

9.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The available record shows the applicant had a unique four-part name, entered active duty from LA, and he served as a 2LT during the Korean War.  The GO awarding the applicant the Silver Star shows the correct name, rank, and unit; however, it appears an administrative error occurred during the publishing of these orders and his SN is listed as "xxxxxxx2" vice "xxxxxxx3."  Therefore, it would be appropriate to correct these orders to show his correct SN, and as a result, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant served a qualifying period of service in Korea for entitlement to the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.


BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending General Orders Number 445 to show the applicant's SN as "xxxxxxx3, and

	b.  adding to item item 27 of his DD Form 214 for the period ending
31 October 1953 the:

* Silver Star
* Republic of Korea War Service Medal



      ___________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100028563



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ABCMR Record of Proceedings (cont)                                         AR20100028563



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