IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130014465
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:
* Certification of Military Service (National Archives (NA) Form 13038) to show his place of birth is "Sayre, OK"
* DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he is authorized the Korea Defense Service Medal (KDSM)
* issuance of a DD Form 215 (Correction to DD Form 214) to show the above correction
2. He states, in effect, that the place of birth shown on his NA Form 13038 is incorrect, and he states his DD Form 214 does not list the KDSM as one of his awards.
3. He provides:
* NA Form 13038
* Standard Certificate of Birth
* 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. NA Form 13038 is issued by the National Archives and Records Administration. It is not an Army record, and the ABCMR has no authority to recommend changes to this document. It is noted, however, that the place of birth shown on the applicant's DD Form 214 is the same as that shown on his NA Form 13038.
3. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the documents he provided.
4. On 7 April 1953, he was inducted into the Army of the United States. On 4 April 1955, he was honorably released from active duty.
5. His partially legible DD Form 214 shows the following:
* item 8 (Reason and Authority for Separation), in part, Section III (Separation of Oversea Returnees), Special Regulation 615-360-5 (Enlisted Personnel - Special Separation Criteria)
* item 11 (Place of Birth (City and State)) "Carter Oklahoma"
* item 26 (Foreign and/or Sea Service) 1 year, 4 months, and 25 days
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
* National Defense Service Medal
* Korean Service Medal
* United Nations Service Medal
* Good Conduct Medal
* item 28 (Most Significant Duty Assignment) Company C, 31st Infantry Regiment, Army Post Office 7 (Korea)
6. He provides a Standard Certificate of Birth showing he was born in Sayre, OK.
7. Army Regulation 600-8-22 (Military Awards) states the KDSM 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 area of eligibility encompasses all land area of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. The basic criteria require that service members to have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided a Standard Certificate of Birth showing he was born in Sayre, OK, but his DD Form 214 show his place of birth as Carter, OK. Based on the available records, it cannot be determined whether or not his DD Form 214 accurately reflects the information available in his record when he was released from active duty. Nevertheless, there would be no harm in correcting his DD Form 214 to show the place of birth entered on the Standard Certificate of Birth he provided.
2. If correction of his place of birth is approved and if he so desires, he may ask NPRC to issue a new NA Form 13038 reflecting the corrected place of birth. The NA Form 13038 will not be further addressed in these proceedings.
3. The available records show he served in Korea for more than a year and he was released from active duty in 1955 as an oversea returnee. Based on his service in Korea, he is eligible for award of the KDSM. It would be appropriate to correct 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 issuing a DD Form 215 correcting his DD Form 214 as follows:
a. replace the entry in item 11 with "Sayre, OK"; and
b. add to item 27 the KDSM.
_______ _ _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) AR20130014465
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