IN THE CASE OF: BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150003795 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 the following corrections to his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 8 September 1952: * add the Purple Heart * change his date of birth (DOB) to match his birth certificate 2. The applicant states Purple Heart was never entered on his DD Form 214. His DOB is incorrectly entered on his DD Form 214 as XX . His correct DOB is XX . 3. The applicant provides: * DD Form 214 * Headquarters, Department of the Army (HQDA) Office of the Adjutant General Letter Orders, dated 14 April 1960 * his birth certificate issued by the State of Tennessee, Division of Vital Statistics 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’s service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records available to the Army Board for Correction of Military Records were provided in part by the applicant and also obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case. 3. On 8 December 1950, he was inducted into the Army of the United States and entered active duty. His induction papers were not available for review. A Standard Form (SF) 88 (Report of Medical Examination), dated 19 October 1950, for his pre-induction examination shows his DOB as XX . 4. On 8 September 1952, he was released from active duty. He completed 1 year, 9 months, and 1 day of active service that was characterized as honorable. An SF 88, dated 5 September 1952, for his discharge medical examination shows his DOB is listed as XX . 5. His DD Form 214 does not show he was awarded the Purple Heart. His DD Form 214 contains the following information: * his DOB is shown as XX * he served 1 year, 2 months, and 11 days of foreign and/or sea service * he is authorized the Korean Service Medal with 3 bronze service stars * he received shell fragment wounds to his right hand and back as a result of action with enemy forces on 3 October 1951 in Korea 6. He provided a birth certificate from the State of Tennessee, Division of Vital Statistics that shows his DOB 23 . 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954. b. The Republic of Korea War Service Medal was approved by the Assistant Secretary of Defense for Force Management Policy on 20 August 1999 for acceptance and wear by veterans of the Korean War. To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. HQDA, Office of the Adjutant General Letter Orders, dated 14 April 1960, awarded the applicant the Purple Heart for wounds received in action against the enemy on 3 October 1951. The Purple Heart should be added to his DD Form 214. 2. He is authorized the National Defense Service Medal. 3. He is authorized the Korean Service Medal with 3 bronze service stars. This shows he would have served in Korea between 25 June 1950 and 27 July 1953 and been on a permanent assignment for 30 consecutive days. This authorizes him the Republic of Korea War Service Medal. 4. His induction papers would contain the DOB used at the time of his enlistment. However, his induction papers are not available. Two SF 88s for his pre-induction examination and his discharge examination show his DOB as XX . 5. The only justification for changing the DOB on his DD Form 214 would be if the DOB was not consistent with the DOB shown on his induction papers. 6. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the DOB that is listed on his birth certificate on his DD Form 214 there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 7. In view of the foregoing, there is an insufficient evidentiary basis for changing his DOB on his DD Form 214. However, this decisional document will be filed in his records to clarify any difference between the DOB on his birth certificate and the DOB shown on his DD Form 214. 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 amending his DD Form 214, effective 8 September 1952 to show he was awarded the: * Purple Heart * National Defense Service Medal * Republic of Korea War Service Medal 2. The 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 correcting his DOB. _____________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) AR20150003795 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003795 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1