IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120010651 


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) to show:

* his middle initial as "B"
* in effect, his character of service in item 7 (Type of Separation)
* his date of his induction in item 15 (Inducted)
* his decorations in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)

2.  The applicant states:

* he enlisted using the letter "R" as his middle initial
* his discovered his middle initial was "B" later in life when he saw a copy of his birth certificate
* his induction date is incomplete
* his separation date is incorrect

3.  The applicant provides:

* birth certificate
* social security card
* 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's Army Military Human Resource Record, formerly known as the Official Military Personnel File, is 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.  The case is being considered using his DD Form 214, birth certificate, and a WD AGO Form 1 (Morning Report) which was provided by the National Personnel Records Center.

3.  The applicant's DD Form 214 shows his character of service as honorable and contains the following pertinent information:

	a.  Item 1 (Name) shows his name as "McD____ J R."

	b.  Item 6 (Effective Date of Separation) shows he was discharged on 1 August 1950.

	c.  Item 7 shows the entry "Discharge."

	d.  Item 15 shows the entry "NA."

	e.  Item 17 (Means of Entry Other than by Induction) shows a checked box for "Enlisted" and "3 yrs."

	f.  Item 19 (Date and Place of Entry into Active Service) shows "18 Aug 50 [18 August 1950]" and "Miami, Fla."

	g.  Item 22 (Net Service Completed for Pay Purposes This Period) and item 24 (Total Net Service Completed for Pay Purposes) shows he completed 2 years, 11 months, and 14 days of creditable active military service.
   h.  Item 26 (Foreign and/or Sea Service) shows he completed a 2 years and 1 month of foreign service.

	i.  Item 27 shows award of the Army of Occupation Medal with Germany Clasp.

	j.  Item 28 (Most Significant Duty Assignment) shows Company B, 317th Signal Construction Battalion, Army Post Office 189 (Europe).

4.  A WD AGO Form 1 (Morning Report), dated 18 August 1950, shows:

* the applicant's name appears as "McD____ J B."
* the applicant enlisted in the Regular Army in Miami, FL, on 18 August 1950 for a 3-year period

5.  The applicant provides a copy of his Florida birth certificate that shows his name as "J B McD____."   He also provides his social security card which shows his first name as "John" and his middle initial as "B."

6.  A review of Army Regulation 672-1 (Unit Citation and Campaign Participation Credit Register) does not show any unit awards for the unit to which the applicant was assigned.

7.  A review of the applicant's records shows he is entitled to additional awards and decorations.

8.  The applicant's DD Form 214 shows he had no lost time and was advanced to the rank of corporal.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

10.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher.

11.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his middle initial as "B," his character of service, his date of induction, and his awards and decorations was carefully considered.

2.  Sufficient evidence has been presented which shows the applicant enlisted using the middle initial "B."  Therefore, he is entitled to correction of his DD Form 214 to show his middle initial "B."

3.  Although the applicant indicated there was an error in item 7 of his DD Form 214, it appears he was referring to item 6.  An obvious error was made in recording the applicant's separation date.  It stands to reason he could not have been discharged prior to enlisting; therefore, his date of separation should be corrected to show he was discharged on 1 August 1953.

4.  The evidence of record shows he appears to have met the criteria for the first award of the Army Good Conduct Medal.  His DD Form 214 shows he had no lost time and was advanced in rank to corporal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his honorable period of service from 18 August 1950 through 1 August 1953 and his DD Form 214 should be corrected to show this award.

5.  The evidence of record shows he met a qualifying period of service for award of the National Defense Service Medal; therefore, his DD Form 14 should be corrected to show this award.

6  With regard to his date of induction, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service record, including his DD Form 214, was correct at the time and there is an insufficient evidentiary basis for granting the applicant's requested relief on this issue.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 18 August 1950 through 1 August 1953

* amending his DD Form 214 to show:

*	his middle initial as "B" as shown on his birth certificate
*	his date of separation as 1 August 1953

* adding the following to his DD Form 214:

   *	Army Good Conduct Medal (1st Award) 
   *	National Defense Service Medal

2.  The Board further determined 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 the applicant's date of induction.



      _______ _  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)                                         AR20120010651



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ABCMR Record of Proceedings (cont)                                         AR20120010651



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