IN THE CASE OF:	  

		BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130020011 


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 place of birth is Apache, OK
* all awards he is authorized
* combat duty in Korea

2.  He states he discovered errors on his DD Form 214 when he filed a claim for service-connected disability.

3.  He provides his DD Form 214 and two DA Forms 1577 (Authorization for Issuance of Awards).

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.  On 11 April 1958, the applicant was inducted into the Army of the United States.  

3.  Item 12 (Place of Birth) of the DD Form 47 (Record of Induction) documenting his induction shows the entry "Lawton, Oklahoma."  A DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450), dated 14 October 1958, also shows his place of birth as Lawton, OK.

4.  His DA Form 24 (Service Record) shows in:

* Section 5 (Service Outside Continental United States) – he departed the United States on 8 November 1958, arrived in Okinawa on 25 November 1958, and returned to the United States on 28 March 1960
* Section 9 (Medals, Decorations, and Citations)he was authorized or awarded the:

* Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars
* Basic Missile Badge with Component Bar
* Army Good Conduct Medal (1st Award)

5.  On 31 March 1960, he was honorably released from active duty.  His DD Form 214 shows in:

* item 5 (Place of Birth) – "Lawton, Oklahoma"
* item 24c (Foreign and/or Sea Service) – 1 year, 4 months, and 21 days
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:
* Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars
* Basic Missile Badge with Component Bar
* Army Good Conduct Medal (1st Award)

6.  His Official Military Personnel File (OMPF) is void of documentation showing he was born in Apache, OK; that he served in Korea; or that he was authorized any awards other than those entered on his DD Form 214.

7.  His OMPF contains a DA Form 1577 showing issuance of awards to him was approved on 8 June 2002.  The form shows he was authorized issuance of the awards shown on his DD Form 214.
8.  His OMPF is void of documentation showing he served in Korea or that he was authorized any awards other than those currently shown on his DD Form 214.

9.  He provides two copies of the DA Form 1577 filed in his OMPF that have been altered by handwritten entries and highlighting of various decorations.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Review of the regulation failed to show that the applicant is eligible for any awards other than those entered on his DD Form 214.

11.  Army Regulation 635-5 (Personnel Separations – Separation Forms), in effect at the time, provided the instructions for completion of the DD Form 214 and other separation forms.  It stated the purpose of a separation form is to provide an individual with documentary evidence of his/her military service.  It stated:

* item 5 of the DD Form 214 was self-explanatory
* item 24 was to show total active duty outside the continental limits of the United States for the period covered by the DD Form 214
* item 26 was to show decorations, etc., awarded or authorized during period covered by the DD Form 214 from section 9, DA Form 24 

DISCUSSION AND CONCLUSIONS:

1.  Lawton, OK, is the only place of birth recorded in the applicant's record, and there is no documentary evidence showing he was born in Apache, OK.  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 this case, the available records show no evidence of material error or injustice; therefore, there is no basis for correcting the place of birth entered on his DD Form 214.

2.  There is no evidence showing the applicant served in Korea, and his foreign service in Okinawa is properly recorded in item 24c of his DD Form 214.There is no basis for correcting his DD Form 214 to show service in Korea.

3.  There is no evidence indicating that he is entitled to any additional awards, and the awards he did receive are properly recorded on his DD Form 214.  There is no basis for correcting his DD Form 214 to show additional awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20130020011





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ABCMR Record of Proceedings (cont)                                         AR20130020011



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