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ARMY | BCMR | CY2001 | 2001062514C070421
Original file (2001062514C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 15 JANUARY 2002
         DOCKET NUMBER: AR2001062514

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

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Hubert O. Fry, Jr. Member
Mr. Donald P. Hupman, Jr. Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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


APPLICANT REQUESTS: In effect, that his record be corrected to reflect promotion to Private First Class (PFC) and Corporal (CPL), while serving as a tank crewmember (driver) assigned to the Assault Gun Platoon, Headquarters and Service Company, 89th Medium Tank Battalion (MTB) in Korea. He also requests his record reflect that he participated in six campaigns during the Korean War, vice the five campaigns currently shown on his record.

APPLICANT STATES: That he was a tank driver with the above mentioned unit and was promoted to PFC and CPL. His record showing that he was a truck driver is incorrect. He served in the Korean War from August 1950 through the first week of October 1951 and should have been awarded the Korean Service Medal with one silver service star (reflecting participation in five campaigns), and one bronze service star (denoting participation in one more campaign), to show participation in six campaigns during the Korean War.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant entered on active duty in 1949 and retired from the Army in the rank of First Sergeant on 31 January 1973. His DD Form 214 shows award of the Korean Service Medal, but does not show award of any service stars associated with that medal.

The applicant’s service record (WD AGO Form 24A-C), shows that he arrived in Korea on 9 August 1950 and departed on 4 October 1951. He participated in six campaigns during the Korean War. That record shows that he was assigned to the above mentioned unit. It also shows that the applicant was promoted to PFC on 28 July 1951 and to CPL on 29 August 1951. It shows that he was reduced to Private E-1 on 17 April 1952 by a summary court-martial that found him guilty of AWOL from 19 March 1952 until 8 April 1952. Subsequently, the applicant was advanced to Private E-2 on 27 May 1952.

The applicant’s DA Form 20 (Soldier’s Qualification Record) from the time he entered on active duty in 1949 until his discharge in June 1952 reflects the above mentioned promotions and reductions. That form also shows that he completed a wheel vehicle mechanic course in 1949, that his primary specialty while assigned to Headquarters and Service Company, 89th MTB was that of a light vehicle driver from the date of his assignment to that unit until his departure in October 1951.

The applicant was discharged in the rank of Private E-2 at Fort Benjamin Harrison, Indiana on 30 June 1952. He had 3 years and 5 months of service and 20 days of lost time. His DD Form 214 shows that he was awarded the Korean Service Medal with 5 bronze service stars. The applicant’s specialty reflected on his DD Form 214 is that of a light vehicle driver.

Army Regulation 600-8-22, Table B-1, lists the Korean War campaigns and their dates, and shows that there were a total of six campaigns from 27 June 1950 through 27 November 1951. The last of the six began on 9 July 1951.

DISCUSSION
: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant was promoted to PFC and CPL as he has stated. He was reduced to Private E-1 in April 1952. Those promotions and the reduction are adequately reflected on his DA Form 20 that was prepared and maintained at that time. Consequently, his DA Form 20 requires no correction. His DD Form 214 reflects his proper grade at the time of his discharge in June 1952.

2. The evidence shows that the applicant was a light vehicle driver with Headquarters and Service Company, 89th MTB, during the Korean War. There is no evidence, nor has the applicant provided any, to show otherwise.

3. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The ARBA Support Center in St. Louis is requested to administratively correct the applicant’s 31 January 1973 DD Form 214 to show award of the Korean Service Medal with one silver service star and one bronze service star.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__INW __ __HOF __ __DPH__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001062514
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020115
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.00
2. 110.00
3. 803
4.
5.
6.


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