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ARMY | BCMR | CY2002 | 2002067040C070402
Original file (2002067040C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2002067040


         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:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge Member
Mr. Richard T. Dunbar 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 the seventh digit of his Social Security Account Number (SSAN) shown in item 32 (Remarks) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show the entry, “7” instead of “4.” He also requests, in effect, that his DD Form 214 be corrected to show his dates of service in Korea, that he was injured in Korea and that he held military occupational specialty (MOS) 112.00 (heavy weapons infantryman) during his assignment in Korea.

3. The applicant states that the seventh digit of his SSAN is incorrect on his DD Form 214. He contends, in effect, that his DD Form 214 should be corrected to show that he served 18 months in Korea, that he injured his right leg in Korea, and that he served as a mortar gunner, motor sergeant, and enlisted members club assistant during his assignment in Korea. He also contends that his DD Form 214 shows he was a rifleman; however, he never carried a rifle during his entire enlistment. In support of his application, he submits a copy of his Birth Certificate and DD Form 214.

4. The applicant’s military records show that he enlisted on 24 June 1959 for a period of 3 years. He served in MOS 112.00 (heavy weapons infantryman) in Korea and served in MOS 111.00 (light weapons infantryman) in Germany. The applicant was honorably released on 22 June 1962 and transferred to the U.S. Army Reserve.

5. Item 32 (Remarks) on the applicant’s DD Form 214 shows the seventh digit of his SSAN as “4.” His DD Form 214 does not show his dates of service in Korea or that he was injured in Korea. Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, “None.” Item 25a (Specialty Number and Title) on his DD Form 214 shows the entry, “Light Weapons Infantryman 111.00.”
6. The applicant’s DA Form 24 (Service Record) and his DA Form 20 (Enlisted Qualification Record) show the entry “4” as the seventh digit of his SSAN.

7. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as an assistant gunner and light truck driver in MOS 112.00 (heavy weapons infantryman) during his assignment in Korea from 19 November 1959 through
6 December 1960.

8. There is no evidence in the available records which shows the applicant was injured in Korea.

9. Headquarters, 1st Battle Group, 22d Infantry Special Orders Number 121, dated 26 July 1961, show the applicant was awarded primary MOS 111.00.

10. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 32 (Remarks) is used for entries required by Headquarters, Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.

11. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that the primary military occupational specialty code number and title be entered in item 25a (Specialty Number and Title) on the DD Form 214.

CONCLUSIONS:

1. The Board considered the applicant’s contention that his SSAN is incorrect on his DD Form 214. However, the applicant has provided no evidence to support this contention.

2. Evidence of record shows the same SSAN is shown on the applicant’s DD Form 214, his Service Record and his Enlisted Qualification Record. Therefore, there is no basis for granting the applicant’s request to correct the seventh digit of his SSAN in item 32 (Remarks) on his DD Form 214.

3. The Board noted the applicant’s request that his DD Form 214 be corrected to show his dates of service in Korea. As an exception to regulation, the Board determined that the applicant’s dates of service in Korea (19 November 1959 through 6 December 1960) will be shown in item 32 (Remarks) on his DD Form 214.

4. The Board considered the applicant’s request that his DD Form 214 be corrected to show that he injured his right leg in Korea. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention. The Board notes that there is no provision to show injuries on the DD Form 214, only injuries incurred as a result of hostile action will be shown on the DD Form 214 in use at the time in question. There is no evidence of record that the applicant was wounded as a result of hostile action. Therefore, there is no basis for granting the applicant’s request.

5. The Board considered the applicant’s contention that his DD Form 214 does not show that he served as a mortar gunner, motor sergeant and enlisted members club assistant during his assignment in Korea. However, the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served as an assistant gunner and light truck driver in MOS 112.00 during his assignment in Korea.

6. Evidence of record shows that the applicant’s primary MOS at the time of his separation on 22 June 1962 was 111.00 (light weapons infantryman). His discharge document with an effective date of 22 June 1962 properly reflects this MOS. Therefore, there is no basis for correction of item 25a (Specialty Number & Title) on the applicant’s DD Form 214 with an effective date of 22 June 1962.

7. 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 by showing the entry, “Korea service: 591119-601206” in item
32 (Remarks) on the DD Form 214 of the individual concerned.

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

BOARD VOTE:

MKP___ EJA_____ RTD_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2002067040
SUFFIX
RECON
DATE BOARDED 20020411
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.0900
2. 113.0000
3. 100.0500
4.
5.
6.


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