IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004791 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: * social security number as "405-xx-xxx" instead of "404-xx-xxxx" * blood group as O positive instead of A * his service in Korea for 11 months and 17 days during 1959/1960 2. The applicant states: * his DD Form 214 reflects the wrong blood type and wrong SSN * he wants to join the Veterans of Foreign Wars or American Legion 3. The applicant provides his DD Form 214, a certificate of service, blood type card, and a social security card. 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 was inducted into the Army of the United States on 4 September 1958. His DD Form 47 (Record of Induction) listed his service number, not his SSN. However, his SSN is hand-written on this form as "405-xx-xxxx." 3. His DA Form 24 (Service Record), which was created upon his entry on active duty, also listed his SSN as "405-xx-xxxx." It does not list his blood group. 4. His DA Form 24 shows in Section 5 (Service Outside Continental United States) he: * departed Travis Air Force Base, CA on 23 August 1959 and arrived Japan on 25 August 1959 * departed Japan on 1 September 1959 and arrived in Korea on 1 September 1959 * departed Korea on an unknown date and arrived in San Francisco, CA on 9 August 1960 5. Section 4 (Chronological Record of Military Service) of his DA Form 24 shows he served with B Troop, 1st Reconnaissance Squadron, 9th Cavalry, and he departed Korea on 23 July 1960. 6. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows he was awarded or authorized by general/special orders the: * Marksman Marksmanship Qualification Badge with Rifle Bar (.30 Caliber) * Sharpshooter Marksmanship Qualification Badge with Carbine Bar * First Class Gunner Marksmanship Qualification Badge with Tank Gunner Bar 7. On 10 September 1958, he completed a DD Form 93 (Record of Emergency Data) and listed his SSN as "405-xx-xxxx." 8. On 6 July 1960, he underwent a separation physical. Item 48 (Blood Type and RH Factor) of his Standard Form 88 (Report of Medical Examination) is blank. 9. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 10 August 1960 and he was transferred to the U.S. Army Reserve Corps (Indiana) to complete his remaining service obligations. His DD Form 214 shows he completed 1 year, 11 months, and 7 days of active service. It also shows in: * Item 24c (Foreign and/or Sea Service) - 11 months and 17 days * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), Marksman Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and 1st Class Gunner Marksmanship Qualification Badge with Tank Gunner Bar * item 32 (Remarks), SSN "404-xx-xxxx" and Blood Group "A" 10. He provides: * a social security card that lists a name similar to his with the SSN as "405-xx-xxxx" * a certificate of service listing his active service from 4 September 1958 to 10 August 1960 * a blood type card listing his blood type as "O Positive" 11. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The version of this regulation, in effect at the time of his discharge, states: * item 24c shows the total foreign service completed outside the continental United States during the period covered by the DD Form 214 * item 26 shows all awards and decorations during the period * item 32 shows various entries including the SSN and blood group 12. A review of his records indicates his entitlement to additional awards which are not shown in his records. a. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. Section 4 of his DA Form 24 shows he received "excellent" conduct and efficiency ratings throughout his active service. Additionally, there is no derogatory information in his service record that would have disqualified him from receiving his first award of the Army Good Conduct Medal. c. Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as “excellent” or higher, except that ratings of “Unknown” for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION AND CONCLUSIONS: 1. The applicant listed his SSN as "405-xx-xxxx" when he was first inducted into the Army of the United States. This SSN is consistent with the SSN shown on several documents in his records. It appears an administrative error was committed when his DD Form 214 was processed. His DD Form 214 should reflect the correct SSN. 2. His blood type is not indicated anywhere in his records. Nevertheless, a blood type does not normally change throughout a person's life. The card he provides is accepted as sufficient evidence to support correcting his DD Form 214 to show his blood type as "O positive." 3. The evidence of record shows he served in Korea from on or about 23 August 1959 to on or about 3 August 1960, a period of 11 months and 17 days. His period of foreign service is captured in item 24c of his DD Form 214. There is no provision in the regulation to list the specific country of foreign service in item 24c. However, although there is no provision to list this period of service on the DD Form 214, it qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award. 4. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 4 September 1958 through 10 August 1960, serving in Korea, attaining the rank/grade of SP4/E-4, and receiving all "excellent" conduct and efficiency ratings throughout his military service. His record contains no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 5 September 1958 through 10 August 1960 * adding to item 26 the Army Good Conduct Medal and Korea Defense Service Medal * deleting from item 32 the entries "Blood Group: A" and SSN "404-xx-xxxx" and adding the entries "405-xxx-xxxx" (as shown on the social security card he provides) and "O Positive" respectively 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 listing his service in Korea. _______ _ _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) AR20150004791 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004791 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1