IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130011846
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 Active Duty) to show his date of birth (DOB) as shown on his birth certificate and to show all decorations and awards to which he is entitled.
2. He states his DOB is incorrect and his decorations and awards are missing from his DD Form 214.
3. He provides his DD Form 214 and 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. The applicant enlisted in the Regular Army on 29 October 1971.
3. A review of the documents in his service record shows his DOB as both 15 November 1952 and 21 November 1952 (date listed on his birth certificate).
4. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 6 (DOB) his DOB as 15 November 1952;
b. Item 29 (Qualification in Arms) he qualified as Sharpshooter with the M-16 rifle on 14 December 1971 and Expert with the grenade on 16 December 1971;
c. Item 31 (Foreign Service) he served in the Far East Pacific-Republic of Korea from 29 September 1972 through 28 October 1973; and
d. Item 41 (Awards and Decorations) award of the National Defense Service Medal, Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
5. He was honorably released from active duty on 1 November 1974. His DD Form 214 shows his DOB as 15 November 1952.
6. His DD Form 214 shows award of the National Defense Service Medal and Armed Forces Expeditionary Medal (Republic of Korea).
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
8. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
9. Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOB is incorrect on his DD Form 214 is acknowledged and supported by the evidence of record.
2. His service record includes documents which show his DOB as 21 November 1952 and his birth certificate also shows his DOB as 21 November 1952. However, his DD Form 214 shows his DOB as 15 November 1952.
3. It appears that an administrative error occurred when his DOB was recorded on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his DOB as recorded on his birth certificate.
4. The evidence of record shows he served a period of qualifying service in Korea for award of the Korea Defense Service Medal. Therefore, this award should be added to his DD Form 214.
5. His DA Form 20 shows he qualified as Sharpshooter with the M-16 rifle and Expert with the grenade. However, his DD Form 214 does not show he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Grenade Bar. Therefore, it would be appropriate to amend his DD Form 214 to show these badges.
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 his DD Form 214 to show his DOB as recorded on his birth certificate; and
b. amending his DD Form 214 to add award of the Korea Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar.
_______ _ 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) AR20130011846
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ABCMR Record of Proceedings (cont) AR20130011846
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