ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 October 2019 DOCKET NUMBER: AR20190007803 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 June 1960, to show: * his first name as instead of * his highest civilian education level attained as 12 years instead of 11 years * his blood type as A Negative instead of O * award of the Korea Defense Service Medal (KDSM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * an article FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The Board will not consider the following portions of the applicant's requests, as these items will be addressed through an administrative correction: * the spelling of his first name * award of the KDSM 3. The applicant was inducted into the Army of the United States on 17 June 1958. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 17 (Civilian Education), 3 years of civilian education * item 29 (Foreign Service) that he served in Korea for the period 18 November 1958 to 20 December 1959 * item 34 (Remarks) his blood type as "O" 5. The applicant was honorably released from active duty on 16 June 1960. Item 10a (Highest Civilian Education Level Attained) of his DD Form 214 contains the entry, "11 Years." Item 32 (Remarks) contains the entry, "Blood Group O." 6. Army Regulation 635-5 (Separation Documents), then in effect, states to enter the educational information in item 10a from the DA Form 20. The regulation further states to list the blood group from the immunization record (Standard Form 601) in item 32. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Korea, the items shown in his record regarding his name and blood type, the date of his induction, the entry on his DA Form 47 that reflects completion of 12 years of school, the entry on his DA Form 20 that shows he did not complete HS and his statement that he left school in the 12th grade. The Board found insufficient evidence to show that the applicant’s blood type was other than “O” or that it didn’t represent the circumstances as they existed at the time of service and the applicant provided none to support his statement. Based on a preponderance of evidence the Board determined that the applicant’s education level should be corrected, but that the Blood Type shown on his DD Form 214 was not in error. The Board concurred with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found the partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, in addition to the corrections stated in the Administrative Note(s) that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 16 Jun 1960 to reflect in item 10a. (Highest Civilian Education Level Attained) – “12 Years” vice “11 Years.” 2. The Board further determined 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 changing the Blood Type. 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. ADMINISTRATIVE NOTE(S): The following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 16 June 1960 without action by the Board: * DD Form 47 (Record of Induction) lists his first name as * Army Regulation 600-8-22 (Military Awards), para 2-20, awarded him the KDSM * Special Orders Number 108, issued by HQ, 1st Training Regiment, U.S. Army Training Center Infantry, Fort Jackson, SC, on 5 August 1958, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. 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 regulation in effect at the time of the applicant's release from active duty contained item-by-item instructions for completing the DD Form 214. These instructions stated to enter the educational information in item 10a from the DA Form 20. The regulation further states to list the blood group from the immunization record (Standard Form 601) in item 32. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190007803 4 1