IN THE CASE OF:	  

		BOARD DATE:	    18 April 2012

		DOCKET NUMBER:  AR20110019481 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his middle name as "Neal" instead of "Neil"
* his foreign service from 30 June 1969 through 7 August 1971 for 2 years, 1 month, and 7 days instead of 1 year, 1 month, and 7 days
* his service in Korea, not Vietnam

2.  The applicant states he just wants to have the corrected information on his DD Form 214 to reflect his correct middle name and service time in Korea.

3.  The applicant provides:

* his Certificate of Live Birth
* Special Order Number 179, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 28 June 1969
* his DD Form 214

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 enlisted in the Regular Army on 2 January 1969 for a period of 3 years.  He completed training and he was awarded military occupational specialty 64B (Vehicle Driver).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  On 7 August 1971, he was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 7 months, and 6 days of total active service.

4.  The DD Form 214 he was issued at the time shows in:

	a.  Item 1 shows his middle name as "Neil";

	b.  Item 22c he served in the U.S. Army Pacific (USARPAC) for a period of
"1 year, 1 month, and 7 days"; and

	c.  Item 30 the entry "VN [Vietnam] Service:  30 Jun 69 - 6 Aug 71."

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 he served in USARPAC-Korea from 30 June 1969 through 5 August 1971;

	b.  Item 38 he was assigned to the following units while assigned in the Republic of Korea:

* Headquarters and Service Company, U.S. Army Support Group, Joint Security Area
* 2d Administration Replacement Company
* Headquarters and Headquarters Company, 2d Infantry Division
* Headquarters and Headquarters Battery, 5th Battalion, 38th Artillery, 2d Infantry Division


6.  A Certificate of Appreciation issued to the applicant by the Commanding Officer, U.S. Army Support Group, Joint Security Area, dated 9 April 1971, shows the applicant was a member of the Joint Security Area, Pan Mun Jom, Korea, during the period 5 July 1969 to 9 April 1971.

7.  The applicant's middle name is shown as "Neal" on the following documents in his Official Military Personnel File (OMPF):

* a statement from his recruiter verifying the applicant's high school graduation certificate, dated 8 November 1968
* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 2 January 1969
* DA Form 3286 (Statements for Enlistment), dated 2 January 1969
* DA Form 3286-4 (Statements for Enlistment), dated 2 January 1969

8.  The applicant's middle name is shown as "Neil" on the following documents in his OMPF:

* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO (Executive Order) 10450), dated 20 March 1970
* DD Form 1584 (National Agency Check Request), dated January 1969
* DD Form 398 (Statement of Personal History), dated 2 January 1969

9.  The applicant provides a copy of his Certificate of Live Birth that shows his middle name as "Neal."

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It stated for:

	a.  Item 1, enter last name, first name, and full middle name or names, if any.

	b.  Item 22c, enter total active duty outside limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."


	c.  Item 30, indicate Indochina and Korea service on or after 1964 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea.  To show service in Korea only, enter "Indochina -- No, Vietnam -- No, Korea -- Yes."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Certificate of Live Birth shows and his OMPF contains documents showing his middle name as "Neal."  Although there are some documents in his OMPF that show his middle name as "Neil" a preponderance of the evidence shows he entered active duty with a middle name of "Neal."  Therefore, his DD Form 214 should be corrected to show his correct middle name.

2.  There is no evidence the applicant ever served in Vietnam.  However, records show he served in the Republic of Korea during the period 30 June 1969 through 5 August 1971.  Therefore, his DD Form 214 should be corrected to show he served in Korea from 30 June 1969 through 5 August 1971 for a period of
2 years, 1 month, and 7 days.

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.  deleting from item 1 of his DD Form 214 the current middle name entry and replacing it with the entry "Neal";


	b.  deleting from item 22c of his DD Form 214 the entry "1  1  7" and replacing it with the entry "2  1  7"; and

	c.  deleting from item 30 of his DD Form 214 the entry "VN Service:
30 Jun 69 - 6 Aug 71" and replacing it with the entry "SERVICE IN KOREA FROM 19690630 - 19710805."



      _______ _    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)                                         AR20110019481



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ABCMR Record of Proceedings (cont)                                         AR20110019481



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