PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 October 2000   
	DOCKET NUMBER:   AR2000044414

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show his birth name.  He also requests that his military occupational specialty (MOS) be changed and that his military records be corrected to show “Europe Occupation”, the North Atlantic Treaty Organization Medal (NATO), the National Defense Service Medal (NDSM) and the Good Conduct Medal.

3.  The applicant states, in effect, that he served in the Army from November 1954 to October 1957 and received an honorable discharge.  He contends that he served in the California National Guard from April 1954 until he entered the Regular Army in November 1954 and that he is a Korean veteran of that era.  He states that in 1980 he started using his birth name, that his MOS should be 773.10 instead of 550.00 and that he is entitled to the awards mentioned above.  In support of his application, he submits a letter of explanation dated 25 February 1994; a copy of his birth certificate and a copy of his DD Form 214.     

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
3 November 1954 for a period of 3 years.  He served as a supply handler and was honorably released on 9 October 1957 and transferred to the USAR. 

5.  Item 1 (Last Name - First Name - Middle Name) on the applicant’s DD Form 214, which was authenticated in his own hand, shows his last name as “W ____”, his first name as “Thomas” and his middle name as “Edward”.  

6.  The applicant’s separation orders, dated 8 October 1957, show the same name listed on his DD Form 214.

7.  The applicant provided a copy of his birth certificate which shows a different last name and middle name.

8.  Item 23a (Specialty Number and Title) on the applicant’s DD Form 214 shows the entry “550.00 Supply Handler”.    

9.  There is no evidence in the available records which shows that the applicant’s unit received occupation credit for Europe.  

10.  There is no evidence in the available records which shows the applicant served during an authorized NATO operation.

11.   There is no evidence in the available records which shows the applicant served a period of qualifying service for award of the NDSM.

12.  There is no evidence in the available records which shows the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.

13.  The United Nations Medal was authorized by the Secretary General of the North Atlantic Treaty Organization (NATO) for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he started using his birth name in 1980, approximately 21 years after his release from active duty.

2.  The Board also noted the applicant’s birth certificate provided with his application in support of his claim.  However, the applicant’s discharge document and separation orders show that he was released from active duty with a different name.  Since the applicant’s enlistment contract is not available for review, the Board determined that the applicant must have provided his “legal” name at the time of his enlistment and utilized this name throughout his period of service.  Therefore, the applicant is not entitled to correction of his military records to show his birth name.   

3.  The Board noted the applicant’s contention that his MOS is incorrect on his discharge document.  However, the applicant has provided no evidence to support this contention.  Evidence of record shows that the applicant signed his discharge document attesting to the fact that his MOS was 550.00 (Supply Handler) at the time of his separation.  Therefore, there is no basis for correction of item 23a (Specialty Number and Title) on the applicant’s DD Form 214.    

4.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows his unit received occupation credit for Europe.  Therefore, the applicant is not entitled to correction of his military records to show that his unit received occupation credit for Europe.

5.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he participated in a NATO operation.  Therefore, the applicant is not entitled to correction of his military records to show award of the NATO Medal.

6.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he served a period of qualifying service for award of the NDSM.  Therefore, the applicant is not entitled to correction of his military records to show award of the NDSM.  

7.  The applicant is entitled to the first award of the Good Conduct Medal for the period 3 November 1954 through 9 October 1957 based on completion of 
3 years of qualifying active duty enlisted service.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal for the period 3 November 1954 through 9 October 1957.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

MKP____  ESC____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR200044414	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19571009	
DISCHARGE AUTHORITY	AR   	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.	100.0500	
3.	107.0069	
4.	107.0056	
5.		
6.