IN THE CASE OF:  	  

		BOARD DATE:  5 May 2015  	  

		DOCKET NUMBER:  AR20140015841 


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), ending on 30 September 1966, as follows: 

* Item 6 (Date of Birth (DOB), from 6 June 1927 to 6 May 1927
* Item 7a (Race) from NA to American Indian
* Item 15 (Selective Service Local Board Number, City, County, and State) from NA to Board Number 3
* Item 16 (Date Inducted), from blank to actual date of induction
* Item 24b (Total Active Service) from 20 years, 6 months, and 28 days to 20 years and 6 months 
* Item 24c (Foreign and/or Sea Service) from 1 year and 15 days to 10 years and 6 months
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to, in effect, show all awards and decorations 

2.  The applicant states the State of New Jersey does not recognize him as a veteran of the State.  His DD Form 214 contains errors related to the DOB, race, years of service, local board, and foreign service.  He served in:

* Lahaure, France, 1 year, 1946 to 1947, Unit 7749 Staging Area
* Germany, 5 years, 1949 to 1954, 7031 Evacuation Company
* Germany, 3 years, 1959 to 1962, 80th Ordnance Battalion
* Germany, 517th Ordnance Company
* Korea, 18 months, 1964 to 1965, 516th Ordnance Company

3.  The applicant provides:

* DD Form 214, ending on 30 September 1966
* Certificate and Record of Birth
* Selective Service Card
* Registration 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 is a retired Regular Army (RA) staff sergeant (SSG) who served through multiple reenlistments in a variety of stateside or overseas assignments, from June 1945 to September 1966.

3.  He was initially inducted into the Army of the United States and entered active duty on 27 June 1945.  His DD Form 47 (Record of Induction) is not available for review with this case.  This is the record that would have listed his DOB, race, and Selective Service Number. 

4.  He was honorably discharged on 24 January 1946 for the purpose of enlistment in the RA.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Service) shows he completed 7 months of active service. It also shows his DOB as "6 June 1927" and his race as "Negro." 

5.  He enlisted in the RA on 25 January 1946.  His WD AGO Form 21 (Enlistment Record – RA) shows his DOB as "6 June 1927" and his race as "White."  His WD AGO Form 24A (Service Record) shows his DOB as 6 June 1927 and his complexion as "Colored." 

6.  He served in the European Theater of Operations (ETO) form 11 June 1946 to 29 May 1947.  He was honorably discharged on 24 July 1947.  His WD AGO Form 53-55 shows he completed 1 year and 6 month of active service.  It also shows in: 

* Item 10 (DOB) – 6 June 1927
* Item 18 (Race) – Negroid 
* Item 32 (Decorations and Citations) – the World War II Victory Medal and Army of Occupation Medal 

7.  He enlisted in the RA on 31 March 1948.  His WD AGO Form 21 shows his DOB as "6 June 1927" and his race as "White."  His WD AGO Form 24A (Service Record) shows his DOB as 6 June 1927 and his Race as "Colored." 

8.  He served in Germany with the 7720th European Command Replacement Detachment and the 7931st Ordnance Company from on or about 5 January 1949 to on or about 7 June 1954.

9.  While in Germany, he was honorably discharged on 1 April 1952 for the purpose of immediate reenlistment.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 4 years and 1 day of active service.  It also shows in:

* Item 10 (DOB) – 6 June 1927
* Item 12 (Description-Race) – Negroid
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army of Occupation Medal (Germany), World War II Victory Medal, and Army Good Conduct Medal
* Item 26 (Foreign and/or Sea Service) – 2 years, 2 months, and 26 days 

10.  He enlisted in the RA on 2 April 1952.  His DD Form 4 (Enlistment Record-United States) shows his DOB as "6 June 1927" and his race as "Negroid."  He continued his service in Germany and he was reassigned back to the continental United States. 

11.  He was honorably discharged on 14 January 1958.  A DD Form 214 for this period of service is not available for review.  However, the applicant was issued a Certification of Military Service that captured this period of active duty.  He completed 5 years, 9 months, and 13 days of active service.


12.  He reenlisted in the RA on 15 January 1958.  His DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his DOB as 7 June 1927.  It does not show his race.  He served in Germany from on or about 18 June 1959 to on or about 30 September 1962. 

13.  On 13 October 1960, he completed a DD Form 398 (Statement of Personal History).  He listed his DOB as 7 June 1927 and his race as Negroid.  He authenticated this form with his signature.

14.  He was honorably discharged on 15 October 1963.  His DD Form 214 shows he completed 5 years, 9 months, and 1 day of active service, and 11 years, 9 months, and 6 days of other service.  It also shows in: 

* Item 6 (DOB) – 6 June 1927
* Item 7 (Race) – Negroid
* Item 26 - Letter of Commendation, Letter of Appreciation, and Army Good Conduct Medal (2nd Award)
* Item 24c (Foreign and/or Sea Service) – 3 years, 3 months, and 13 days 

15.  He reenlisted in the RA on 16 October 1963.  His DD Form 4 shows his DOB as 7 June 1927.  It does not show his race.  He served in Korea from on or about 3 December 1964 to on or about 18 December 1965. 

16.  On 23 March 1966, he submitted a DA Form 3339 (Application for Voluntary Retirement).  This form accounted for his active duty time of 20 years, 6 months, and 1 day.  His request was approved. 

17.  He retired on 30 September 1966 and he was placed on the Retired List in his retired rank/grade of SSG/E-6 on 1 October 1966.  His retirement DD Form 214 shows he completed 2 years, 11 months, and 15 days of active service during this period and he had 17 years, 7 months, and 13 days of prior/other service.  It also shows in:

* Item 6 shows his DOB as 6 June 1927
* Item 7 shows his race as NA
* Item 14 (Selective Service Number) – None
* Item 15 shows the entry for the Selective Service Local Board as NA
* Item 24a(1) (Net Service This Period) – 2-11-15
* Item 24a(2) (Other Service) – 17-7-12
* Item 24a(3) (Total) – 20-6-28
* Item 24b (Total Active Service) – 20-6-28
* Item 24c shows completion of 1 year and 15 days of foreign service

18.  The applicant provides: 

	a.  Certificate and Record of Birth, issued on 29 November 1984, listing an individual with the same name but with a DOB listed as 6 May 1927.

	b.  Selective Service Card, issued on 6 June 1945, listing the applicant's name and the entry "Local Board Number 3, Monmouth County." 

	c.  Registration Certificate, showing the applicant was registered on 6 June 1945 for Local Board 3 in Monmouth County, NJ. 

19.  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.  It establishes standardized policy for 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 duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation in effect at the time of the applicant's retirement in September 1966 stated for: 

	a.  Item 6, the DOB is self-explanatory and is derived from the Soldier's records. 

	b.  Item 7, the race is entered as Caucasian, Negroid, Mongolian, Indian (American or Malayan) and is made from the enlisted record as appropriate.

	c.  Item 14, this is the Soldier’s Selective Service Number as recorded on the Record of Induction; if the individual is not registered with the Selective Service, enter NA.

	d.  Item 15, in all cases in which the Selective Service Number is recorded in item 14, enter in item 15 the Selective Service Local Board Number the City and the State, in which located.  If an entry in this item is not applicable to the individual being separated, enter NA.

	e.  Item 16, applies only to individuals inducted (as opposed to enlisted).

	f.  Item 24 Statement of Service) consists of items 24a, 24b, and 24c.  Item 24a (Creditable for Basic Pay Purposes):  Item 24a(1), enter total service completed between the dates of entry (on this current DD Form 214) to the date of separation; Item 24a(2), enter all prior service excluding any service shown in item 24a(1); Item 24a(3), enter the total of items 24a(1) and 24a(2); Item 24b, enter total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard and U.S. Army Reserve, and less lost time; and Item 24c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214.

	g.  Item 26, enter decorations, etc., awarded or authorized during period covered by the DD Form 214 from section 9, DA Form 24 (Service Record), omitting authorities cited therein. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the DOB, item 6: 

	a.  The applicant used the DOB of 6 June 1927 upon induction into the AUS.  This DOB is consistent with various documents in his records throughout his entire period of military service.  He authenticated several documents in his record by placing his signature in the appropriate block indicating this was his correct DOB.  He did not use the DOB that he now requests to be documented on his records.  He did not use the requested DOB at any time during his military service.

	b.  For historical purposes, the Army has an interest in maintaining the integrity 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.  There is a reluctance to recommend that those records be changed.  While it is understandable that the applicant desires to now record the requested DOB in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

	c.  Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.

2.  With respect to his race, item 7:

	a.  The applicant's race is listed throughout his entire military service as "Negroid" (with the exception of his 25 January 1946 WD AGO Form 21 (Enlistment Record) which listed his race as "White."  He did not at any time during his military service identify himself as "American Indian."

	b.  Again, the Army has an interest in maintaining the integrity 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.  While it is clear that the applicant's DD Form 214 ending on 30 September 1966 listed the entry "NA" in the race block and that it should been listed as "Negroid," the applicant's request to have this entry changed to "Indian American" is not supported by any evidence. 

	c.  Therefore, there is insufficient evidence to support changing his race to Indian American.

3.  With respect to the Selective Service Number and Selective Service Local Board Number, items 14 and 15: 

	a.  In the 1960s, Soldiers either enlisted in the RA or were inducted into the Army of the United States.  Those who were inducted had a Selective Service Number and their Selective Service Number and Selective Service Local Board Number entered on their DD Form 214.

	b.  The applicant was not an inductee.  He had already been on active duty as having enlisted or reenlisted.  During the period covered by the DD Form 214 (October 1963 to September 1966), he did not have a Selective Service Number. This means an entry in this item is not applicable to the individual being separated.  That is why it shows "NA."

4.  With respect to the date of induction, item 16, again the applicant was not an inductee.  An entry would have been appropriate in this block if the applicant was inducted into the Army of the United States.  He was not.  He actually reenlisted and the date of entry is correctly shown in item 19c (Date of Entry).  Therefore, he is not entitled to this portion of the requested relief.

5.  With respect to the total service in item 24a and 24b, the applicant completed various periods of service throughout his military career. 

	a.  At the time and all the way through October 1979, the Army issued a separate DD Form 214 for each period of induction, enlistment, and reenlistment. Each DD Form 214 documented a Soldier's active service.  The applicant was credited with a total of 20 years, 6 months, and 28 days of active service.

	b.  Upon applying for retirement, his active service was calculated and he was determined to have completed 20 years, 6 months, and 1 days of active service.  

6.  With respect to his foreign service in item 24c, the DD Form 214 in effect at the time required an entry in Item 24c to show the total active duty outside continental limits of the United States for the period covered by the DD Form 214.  Although he previously served in France and/or Germany, he did not do so during the period covered by this DD Form 214.  He did serve in Korea from 3 December 1964 to 18 December 1965, a period of 1 year and 15 days which is properly captured in item 24c of this DD Form 214.  Therefore, he is not entitled to this portion of the requested relief.

7.  With respect to his awards and decorations, item 26: 

	a.  The regulation in effect at the time required an entry in item 26 to enter decorations, etc., awarded or authorized during the period covered by the 
DD Form 214, from section 9, DA Form 24, omitting authorities cited therein.  The applicant was awarded those awards that are listed on his DD Form 214 for that period.  Each WD AGO Form 53-55 or DD Form 214 listed those awards that occurred during the period covered by the separation document. 

	b.  However, because the applicant served in Korea from 3 December 1964 to 18 December 1965, he served a qualifying period of service for award of the Korea Defense Service Medal which was not in existence at the time.  He should be entitled to correction of his DD Form 214 to show this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding to item 26 of his DD Form 214, ending on 30 September 1966, the Korea Defense Service Medal. 

2.  Board further determined that 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: 

* Item 6 (Date of Birth), from 6 June 1927 to 6 May 1927
* Item 7a from NA to American Indian
* Item 15 from NA to Board Number 3
* Item 16 from blank to actual date of induction
* Item 24b from 20 years, 6 months, and 28 days to 20 years and 6 months 
* Item 24c from 1 year and 15 days to 10 years and 6 months



      _______ _   _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)                                         AR20140015841





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ABCMR Record of Proceedings (cont)                                         AR20140015841



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