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ARMY | BCMR | CY2001 | 2001066173C070421
Original file (2001066173C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2001066173


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Curtis L. Greenway Member
Ms. Regan K. Smith 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 that his Report of Separation, DD Form 214, be amended to show he completed Ranger training and served with the 4th Ranger Infantry Company (Airborne) in Korea.

3. The applicant makes no additional statement. He provides as supporting evidence orders to show he was assigned to the 4th Ranger Infantry Company (Airborne) and a Certificate of Training to show he completed Ranger training.

4. The applicant’s military records show that, after having had prior service, he entered active service on 21 July 1950. His Qualification Record – Enlisted Personnel, DA Form 20, item 46 shows he attended Ranger training from 15 February – 10 May 1951 at Fort Benning, GA. Ranger training is not listed in item 38, Military Education.

5. On 14 September 1951, the applicant was convicted by a summary court-martial of wrongfully refusing to participate in a training jump. His sentence, to be reduced to Private, E-2, was approved on 14 September 1951.

6. Item 46 of the applicant’s DA Form 20 shows he was assigned to the 4th Ranger Airborne from 11 May – 5 August 1951. His last unit of assignment prior to being assigned to a Medical Hold Company was Headquarters and Headquarters Company, 2002d SU (acronym unknown), Fort Meade, MD from 17 August through 23 December 1954. He was separated by reason of a physical disability on 30 April 1955. His DD Form 214 shows he was awarded the Army of Occupation Medal with Japan clasp and the Combat Infantryman Badge.

7. The applicant’s Service Record, WD AGO Form 24A, section 21 shows he was authorized the Korean Service Medal (his DA Form 20, item 42 shows he was authorized the Korean Service Medal with one bronze service star), the United Nations Service Medal, and the National Defense Service Medal. In section 24, where the entries were not otherwise listed as “unknown,” his character and efficiency ratings were listed as “excellent” and he was favorably considered for the Army Good Conduct Medal.

8. Special Regulation 615-360-1, 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 of the various forms, records, and reports required. It stated that item 28, Most Significant Duty Assignment, would contain the last unit to which the enlisted member was assigned for duty. Assignment to a medical holding detachment would not be considered a duty assignment. Item 30 would contain service schools, including dates and major course, at which the individual completed the course satisfactorily.
9. Special Regulation 135-175-5, in effect at the time, prescribed the administrative procedures to be followed in the separation of commissioned and warrant officers. In pertinent part, it stated that item 28 would contain the assignment representing the duty which required the greatest demonstration of the officer’s training and experience.

10. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. It provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. Conviction by courts-marital terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial.

11. The applicant provides a Certificate of Training dated 23 January 1998 showing he completed Ranger training from September 1950 through September 1951.

12. Department of the Army Pamphlet 351-4, U. S. Army Formal Schools Catalog, lists Ranger training as a formal course conducted at the U. S. Army Infantry School, Fort Benning, GA.

CONCLUSIONS:

1. The Board is cognizant that the applicant may feel his assignment to the 4th Ranger Infantry Company (Airborne) was more significant that his assignment to Headquarters and Headquarters Company, 2002d SU. However, unlike the instructions for completing this DD Form 214 entry for officers, which required the item contain the assignment representing the duty which required the greatest demonstration of the officer’s training and experience, the entry for enlisted members required that the item contain the last unit to which the enlisted member was assigned for duty. The evidence of record shows that item 28 of his DD Form 214 contains the correct entry.

2. Although the applicant provides a Certificate of Training dated 23 January 1998 showing he completed Ranger training from September 1950 through September 1951, his contemporaneous DA Form 20 shows he attended Ranger training from 15 February – 10 May 1951. Although Ranger training is not listed in item 38, Military Education, of his DA Form 20, Ranger training is currently listed in the formal schools catalog. It would be equitable to add Ranger training to item 30 of his DD Form 214.
3. The evidence of record shows the applicant was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the National Defense Service Medal. It also shows he met the eligibility criteria for award of the Army Good Conduct Medal with the eligibility period starting the day after his sentence by summary court-martial was completed.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 15 September 1951 – 14 September 1954.

2. That the applicant’s DD Form 214, item 27 be amended to add the Army Good Conduct Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the National Defense Service Medal.

3. That the applicant’s DD Form 214, item 30 be amended to show he completed Ranger training at the U. S. Army Infantry School, Fort Benning, GA for 12 weeks in 1951.

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

BOARD VOTE:

__wtm___ __clg___ __rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Walter T. Morrison
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001066173
SUFFIX
RECON
DATE BOARDED 20020402
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.07
2. 100.00
3.
4.
5.
6.


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