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ARMY | BCMR | CY2001 | 2001054441C070420
Original file (2001054441C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 August 2001
         DOCKET NUMBER: AR2001054441


         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:

Mr. Walter T. Morrison Chairperson
Mr. Ronald E. Blakely Member
Mr. Joe R. Schroeder 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, in effect, correction of item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Separation From the Armed Forces of the United States) to show award of the Good Conduct Medal, the “Korean Defense Medal”, the Republic of Korea Presidential Unit Citation and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; item 28 (Most Significant Duty Assignment) to show 57th Field Artillery Battalion, 7th Infantry Division; item 29 (Wounds Received as a Result of Action with Enemy Forces) to show that he was wounded on 10 August 1952, not on 8 September 1952; item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) to show that he completed eight weeks of infantry training, eight weeks of artillery training and two weeks of Special Automatic Weapons Training. He also requests correction of his DA Form
493 (Separation Qualification Record).

3. The applicant states, in effect, that he served 16 weeks of basic training, eight weeks of infantry training and eight weeks of artillery training. He contends that he was assigned to the 57th Field Artillery Battalion when he was wounded by enemy mortar fire on 10 August 1952. He goes on to state that he needed surgery for a hernia repair after he was injured during heavy shelling by the enemy when he dove into a trench with his radio on his back. He also contends that he attended a two-week course for Special Automatic Weapons Training and that he was issued the Sharpshooter Marksmanship Qualification Badge with Rifle Bar at Camp Chaffee, Arkansas. He believes that his most significant duty assignment was the 57th Field Artillery Battalion. In support of his application, he submits an undated letter of explanation; a copy of DA Form 1577 (Authorization for Issuance of Awards), dated 10 June 1999; a copy of an Information Paper Regarding Awards; a letter, dated 26 February 2001, from the Chief, Army Review Boards Agency Support Division in St. Louis; a copy of his DD Form 214; a copy of his DA Form 493; medical record, dated 8 August 1957; medical record, dated 16 January 1953; four letters, dated 25 February 1953 and 3 March 1953, announcing that the applicant was chosen for “Soldier of the Week”; a Certificate of Training, dated 11 April 1953, for Special Automatic Weapons Training; a Letter of Appreciation, dated 15 August 1953; and a copy of an excerpt on the applicant from the Korean War Project.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show the applicant enlisted on 3 December 1951. He served in Korea and was honorably released on 25 September 1953 and transferred to the Army Reserve to complete his remaining service obligation.

5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 does not show the Good Conduct Medal, the “Korean Defense Medal”, the Republic of Korea Presidential Unit Citation or the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. Item 28 (Most Significant Duty Assignment) shows the entry “529th PM Petrl Sup Co APO 71”. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the applicant was wounded on 8 September 1952. Item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) shows the entry “None”.

6. A DA Form 1577 (Authorization for Issuance of Awards), dated 10 June 1999, shows that the National Personnel Records Center in St. Louis, Missouri, determined that the applicant was entitled to the first award of the Good Conduct Medal.

7. Army Regulation 600-8-22 (Military Awards) does not show the “Korean Defense Medal” as an authorized award. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict. This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 30 September 1950 to 27 July 1953 by Department of the Army General Orders Number 22-56.

9. There is no evidence in the available records which shows the applicant was awarded or qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10. Medical evidence of record shows the applicant was a member of the
57th Field Artillery Battalion of the 7th Infantry Division during the Korean Conflict.

11. Medical evidence of record shows the applicant sustained wounds to his buttock and hip on 10 August 1952 in Korea as a result of hostile action. There is no evidence in the available records which shows the applicant was wounded on 8 September 1952.

12. There is no evidence in the available records which shows the applicant completed any service schools or colleges; or college training courses and/or post graduate courses.

13. The applicant provided a copy of a Certificate of Training, dated 11 April 1953, for the two-week Special Automatic Weapons Training Course.

14. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

15. Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. This regulation governed preparation of the DD Form 214 (Report of Separation from the Armed Forces of the United States). Page 24 of this Special Regulation contains the instructions for completion of item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) of the DD Form 214. The regulation specifically states that only service schools including dates and major course successfully completed and military sponsored courses completed in civilian schools and colleges will be entered in this item.

16. Page 24 of Special Regulations Number 615-360-1 also contains the instructions for completion of item 31 (Service Training Courses Successfully Completed) of the DD Form 214. The regulation specifically states that installation training courses (qualification courses), military correspondence courses and off duty courses completed during the period covered by the DD Form 214 will be entered in item 31.

17. The purpose of the DA Form 493 (Separation Qualification Record) was to assist Korean War veterans in post-service employment, education, or any other endeavor by the service member. The form was prepared based on service personnel records and personal interview for a very specific purpose and was not intended as a replacement or substitute for the official records of the individual’s service. For these reasons, this form was prepared on a one-time basis and was not replaced or edited after the fact.

CONCLUSIONS:

1. The applicant is entitled to the first award of the Good Conduct Medal. Therefore, he is entitled to correction of item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his discharge document to show this award.

2. The applicant’s unit was cited for award of the Republic of Korea Presidential Unit Citation while he was assigned to it; therefore, he is entitled to correction of his military records to show this unit citation.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded or qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, the applicant is not entitled to correction of his military records to show this award.

4. The Board considered the applicant’s contention that his most significant duty assignment was the 57th Field Artillery Battalion of the 7th Infantry Division. Evidence of record shows that the applicant was a member of the 57th Field Artillery Battalion of the 7th Infantry Division when he was wounded in action on 10 August 1952 in Korea. Based on the foregoing, the Board determined that this unit of assignment was more significant than the unit of assignment shown in item 28 (Most Significant Unit Assignment) on the applicant’s DD Form 214. Therefore, the applicant is entitled to correction of item 28 to show the 57th Field Artillery Battalion of the 7th Infantry Division.

5. The applicant’s DD Form 214 shows that he was awarded the Purple Heart before he was wounded in action. Medical evidence of record shows that the applicant was wounded in action on 10 August 1952, not on 8 September 1952 as reflected on his discharge document. Therefore, the applicant is entitled to correction of item 29 (Wounds Received as a Result of Action with Enemy Forces) to show the correct date of his wounding in Korea.

6. The Board considered the applicant’s contention that item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) on his DD Form 214 should be corrected to show eight weeks of infantry, eight weeks of artillery training and two weeks of Special Automatic Weapons Training. However, the purpose of this item is to list attendance at service schools, not basic training and advanced individual training. Since there is no evidence in the available records, and the applicant has provided no evidence, which shows that he completed any service schools or colleges; or college training courses and/or post graduate courses while on active duty. Therefore, the applicant is not entitled to correction of item 30 on his DD Form 214.

7. Item 31 (Service Training Courses Successfully Completed) on the applicant’s DD Form 214 shows the entry “None”. However, evidence of record shows that the applicant completed the two-week Special Automatic Weapons Training Course on 11 April 1953. Therefore, the applicant is entitled to correction of item 31 on his DD Form 214 to show this qualification course.

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:

         a. by adding the entries “Good Conduct Medal” and “Republic of Korea Presidential Unit Citation” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned;

         b. by deleting the entry “529th PM Petrl Sup Co APO 71” in item 28 (Most Significant Duty Assignment” on his DD Form 214;

         c. by adding the entry “57th Field Artillery Battalion, 7th Infantry Division” in item 28;

         d. by deleting the entry “U R Hip Kumhwa N Korea 8 Sept 52” in item
29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214;
         e. by adding the entry “Korea 10 August 1952”;

         f. by deleting the entry “None” in item 31 (Service Training Courses Successfully Completed” on the DD Form 214; and

         g. by adding the entry “Special Automatic Weapons Training, 2 Weeks” in item 31 on his DD Form 214.

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

BOARD VOTE:

WTM___ REB____ JRS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Walter T. Morrison___
                  CHAIRPERSON




INDEX

CASE ID AR2001054441
SUFFIX
RECON
DATE BOARDED 20010814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0000
2. 100.0000
3. 100.0700
4.
5.
6.


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