IN THE CASE OF:	

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110014003 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) by amending the following:

	a.  Item 10 (Date of Birth (DOB)) to show “x Axxxxx xxx3” instead of 
“x Jxxxxxx xxx2”;

	b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to add the Purple Heart; and

	c.  Item 28 (Most Significant Duty Assignment) to show “Company G” instead of “Company D.”

2.  He states his DOB is “x Axxxxx xxx3.”  He was wounded on 4 October 1952 while serving with Company G, 23rd Infantry Regiment during the Korean Conflict. 

3.  He provides:

* His DD Form 214
* A military retirement certificate
* A birth certificate


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.  His records show he was inducted into the Army and entered active duty on 14 January 1952.  After completion of training, he served in military occupational specialty 1745 (Light Weapons Infantryman).

3.  A DD Form 47 (Record of Induction), DA Form 20 (Soldier Qualification Card), and Standard Form 88 (Report of Medical Examination) all show his DOB as “x Jxxxxx xxx2.” 

4.  Item 29 (Record of Current Service) of his DA Form 20 shows he was assigned with Company G, 23rd Infantry Regiment, 2nd Infantry Division from 
24 August through 4 October 1952, serving as a light weapons infantryman during the Korean Conflict.

5.  A DD Form 481 (Clinical Record Cover Sheet) shows he was wounded in action (WIA) on 4 October 1952 at approximately 0145 hours in North Korea.  The report also shows he was struck by enemy artillery shell fragments in the line of duty (LOD).  

6.  He was awarded the Purple Heart for wounds received as a result of enemy action in Korea on 4 October 1952.  General Orders (GO) Number 1 were issued by Headquarters, 6110th Hospital Group, on 6 January 1953.  

7.  Headquarters, Rodriguez Army Hospital, issued GO Number 15, on 
31 August 1953, awarding him the Army Good Conduct Medal (AGCM) (1st Award).  


8.  On 31 August 1953, he was medically retired by reason of permanent disability after serving 1 year, 7 months, and 17 days of total net service.  His 
DD Form 214 shows the following entries:

* Item 10 – “x Jxxxxxx xxx2”
* Item 27 – “United Nations Service Medal and Korean Service Medal with two bronze service stars”
* Item 28 – “Company D, 23rd Infantry Regiment, Korea
* Item 29 (Wounds) – “Korea – 3 October 1952”

9.  He provided a copy of his birth certificate which shows his DOB as “x Axxxxx xxx3.”

10.  A review of the available records reveals he may be entitled to additional awards which are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows during the applicant’s assignment with the 23rd Infantry Regiment, his unit was awarded two awards of the Republic of Korea Presidential Unit Citation (ROKPUC) by Department of the Army General Order Number 10-54 and Department of the Army General Order Number 24-54.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 
11 September 2001 and a date to be determined.  

   b.  The Republic of Korea War Service Medal (ROKWSM) 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 or on temporary duty for 
30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

   c.  The Combat Infantryman Badge (CIB) has been authorized, in part, for qualified Soldiers who served during the Korean Conflict from 27 June 1950 to 
27 July 1953.  The Soldier must have been an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must have actively participated in such ground combat.  

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of the DD Form 214.  That regulation stated item 10 of the DD Form 214 would contain the DOB taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds sustained as a result of hostile action.  Therefore, he is entitled to have this award added to his DD Form 214. 

2.  General orders also awarded him the AGCM (1st Award) which entitles him to have this award added to his DD Form 214.   

3.  His honorable active service between 27 July 1950 and 27 July 1954 entitles him to award of the NDSM and to have this award added to his DD Form 214. 

4.  He served in Korea from 24 August through 4 October 1952 entitles him to award of the ROKWSM and to add this award to his DD Form 214. 

5.  General orders awarded his unit two awards of the ROKPUC during his period of service in Korea.  He is therefore entitled to have these unit awards added to his DD Form 214.

6.  The evidence of record shows he was assigned to Company G, 23rd Infantry Regiment, 2nd Infantry Division during the Korean Conflict.  Therefore, item 28 of his DD Form 214 should be amended to show the correct unit of assignment. 

7.  His record confirms he served as an infantryman, in a qualifying infantry unit in Korea from 24 August through 4 October 1952.  It is reasonable to presume, that he was actively engaged in ground combat with enemy forces on 4 October 1952, at 0145 hours which time he was struck with enemy artillery shell fragments.  Therefore, the regulatory burden of proof necessary to support award of the CIB has been satisfied in this case and as a matter of equity, it would be appropriate to award the applicant the CIB and to add this award to his DD Form 214.  

8.  Although he has provided copies of his birth certificate which show his correct DOB as “x Axxxxx xxx3” his Record of Induction and all other official documents in his military personnel file show his DOB as “x Jxxxxxx xxx2.”
9.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

10.  He is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.

11.  Therefore, there is insufficient evidence to grant this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

   a.  awarding him the CIB for his qualifying infantry service during the Korean Conflict;

   b.  adding the following awards to item 27 of his DD Form 214:

* Purple Heart 
* AGCM (1st Award)
* CIB
* NDSM
* ROKWSM
* Two awards of the ROKPUC; and	

   c.  amending item 28 of his DD Form 214 by deleting “Company D” and replacing it with “Company G.” 
   
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his DOB on his
DD Form 214.  




      _______ _   _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)                                         AR20110014003





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014003



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1