PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2002068183


         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. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		Member
Ms. Paula Mokulis		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.

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2. The applicant requests that his Report of Separation from Active Duty, DD Form 214, be corrected to show he entered active duty from Spencer, IA, not Atlanta, GA; that his place of entry on active duty was Spencer, IA (with his first duty station at Fort Myer, VA), not Fort Leavenworth, KS; that he entered active duty in October 1950, not on 27 April 1953; that his prior active service be corrected to reflect his entering active service in October 1950; that he was awarded the Legion of Merit twice; and that he attended the Armed Forces Staff College.

3. The applicant states that he entered active duty in October 1950 and had continuous active service until he retired on 30 June 1974. His total years of service, 29 years, 6 months, and 21 days, is correct but the other items showing his active service are incorrect because the date he entered active duty is wrong. He was awarded the Legion of Merit twice and attended the Armed Forces Staff College from 3 February to 26 June 1964.

4. The applicant’s military records show that he initially had enlisted service from 18 August 1942 – 24 February 1946. He was commissioned in the Army National Guard on 17 June 1948 to on or about 9 September 1948 (not on active service). He transferred to the U. S. Army Reserve on or about 10 September 1948 and had service in the U. S. Army Reserve not on active duty from that date to 28 October 1950.

5. On 29 October 1950, the applicant was ordered to active duty. His active duty orders listed his home address as Spencer, IA.

6. On 27 April 1953, the applicant was sworn into the Regular Army at Kaiserslautern, Germany. His appointment orders stated that his appointment in any of the civilian components of any of the Armed Forces of the United States was automatically terminated on the date he accepted Regular Army appointment. His Statement of Personal History, DD Form 398, dated 27 April 1953 shows his permanent mailing address as Spencer, IA.

7. The applicant’s Officer Qualification Record, DA Form 66, shows that he attended the Armed Forces Staff College for the “Jt-Opns-Reg” course for five months in 1964.

8. Letter Order, DAPC-PAP-BB dated 20 April 1973 awarded the applicant the Legion of Merit for the period July 1967 to February 1973. It had revoked Letter Order DAAG-PSA-BB dated 8 September 1972 which had awarded the applicant

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the Meritorious Service Medal for the period July 1967 to June 1972. Letter Order DAPC-PAP-BB dated 6 January 1975 awarded the applicant the Legion of Merit 1^st oak leaf cluster for the period August 1972 through June 1974.

9. The applicant was separated on 30 June 1974 for the purpose of retirement. His DD Form 214, item 8c shows his home of record at time of entry into active service as Atlanta, GA. Item 14 shows his place of entry into current active service as Fort Leavenworth, KS. Item 15 shows he entered active duty on 27 April 1953. Item 18(a) shows he had 21 years, 2 months, and 4 days of net active service this period and item 18(b) shows he had 5 years, 8 months, and 3 days of prior active service. Item 26 shows he was awarded one Legion of Merit. Item 27 shows he attended the “Jt-Opns-Reg” course.

10. Special Regulations 135-175-5, Civilian Components, Separation of Officers dated 19 December 1949, paragraph 1a stated that the provisions of these regulations were applicable to all commissioned and warrant officers of the civilian components of the Department of the Army when they were being relieved from extended active duty or wholly separated from the service while on extended active duty. Paragraph 14 stated that the appropriate separation form…DD Form 214…as prescribed in Special Regulations 605-290-1 would be issued by the commander authorized to issue the corresponding separation order. Special Regulations 605-290-1, Officers, Separation Certificates dated 17 June 1952, paragraph 5 stated that each officer of the Army who was separated regardless of whether he was entitled to a discharge certificate…would be furnished a DD Form 214 following separation from active duty.

CONCLUSIONS:

1. It appears that since the applicant’s appointment in the USAR was terminated when he accepted appointment in the Regular Army on 27 April 1953 he should have received a DD Form 214 for his USAR period of service. Although there is no DD Form 214 for his USAR period of service in his records, it appears that his DD Form 214 for the period ending 30 June 1974 properly started with his date of entry in the Regular Army on 27 April 1953 and properly shows his net active service this period and his prior active service. The Board does not believe it would be appropriate to attempt to reconstruct the DD Form 214 for the period ending 26 April 1953 at this late date since other documents verify he first entered active duty as a commissioned officer on 29 October 1950 and since all his active duty service is reflected on his DD Form 214 for the period ending 30 June 1974.

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2. There appears to be an error in item 8c of the applicant’s DD Form 214. His DD Form 398 dated 27 July 1953, the date he accepted appointment into the Regular Army, shows his permanent mailing address as Spencer, IA. The Board presumes that “permanent mailing address” is the same as “home of record.”

3. There appears to be an error in item 14 of the applicant’s DD Form 214. Since it appears the date entered active duty, 27 April 1953, is correct, item 14 should read neither Fort Leavenworth, KS nor Spencer, IA, nor Fort Myer, VA but rather Kaiserslautern, Germany where he took his Regular Army oath of office.

4. The evidence of record shows the applicant was awarded the Legion of Merit twice. Although it appears that the period of the Legion of Merit 1^st oak leaf cluster overlaps the period of his first Legion of Merit there would have been no overlap if the first Legion of Merit had mirrored only the period covered by the revoked Meritorious Service Medal. Therefore, the Board finds that there is no irregularity in validating the award of the Legion of Merit 1^st oak leaf cluster.

5. Item 27 of the applicant’s DD Form 214 appears to show a combination of military schools attended and military courses completed. Although it already lists the “Jt-Opns-Reg” course he completed while at the Armed Forces Staff College, the Board believes it would be appropriate to amend the entry to read “Armed Forces Staff College Jt-Opns-Reg.”

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

RECOMMENDATION:

1. That the applicant’s DD Form 214 for the period ending 30 June 1974 be amended as follows:

a. item 8c to read Spencer, IA;

b. item 14 to read Kaiserslautern, Germany;

c. item 27 to delete the Legion of Merit and to add the Legion of Merit 1^st oak leaf cluster; and

d. item 27 to delete “Jt-Opns-Reg” and to add “Armed Forces Staff College Jt-Opns-Reg.”

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

BOARD VOTE:

__fne___ __rwa___ __pm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068183
SUFFIX
RECON
DATE BOARDED	20020516
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.00
2.	110.04
3.
4.
5.
6.