PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002068492


         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. John N. Slone		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Thomas Lanyi		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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 6 February 1953 to show campaigns that he participated in during World War II and the Korean War. He also requests that military occupational specialty (MOS) 1331 (Combat Engineer Unit Commander) be shown in item 28 (Most Significant Duty Assignment) on this DD Form 214.

3. The applicant states that item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not credit him with participation in the Normandy campaign or the Korean War campaigns he participated in from 12 May 1951 to 26 April 1952. He also contends that item 28 (Most Significant Duty Assignment) should reflect MOS 1331 (Combat Engineer Unit Commander). In support of his application, he submits a copy of his WD AGO Form 53-98 (Record and Report of Separation) with an effective date of 3 July 1946; a DD Form 214 with an effective date of
6 February 1953; WD AGO Form 66 (Officer’s, Warrant Officer’s, and Flight Officer’s Qualification Record); service personnel records; an Honorable Discharge Certificate, dated 6 February 1953; five letters, dated 1951 and 1952, from the applicant requesting constructive service months; orders, dated
15 December 1951; and a map of the location of Engineer Command Post and Areas of Engineer Responsibility.

4. The applicant’s military records show that he entered active duty on
18 August 1943. He served as a General Service Engineer Unit Commander in the European Theater of Operations from 4 April 1944 through 10 January 1945 and was released from active duty in the rank of first lieutenant on 3 July 1946. The applicant entered active duty again on 20 March 1951. He served as an advisor in Korea from 9 May 1951 through 26 April 1952 and was released from active duty in the rank of captain on 6 February 1953.

5. The applicant’s DD Form 214 with an effective date of 6 February 1953 does not show any battles or campaigns.

6. The applicant’s discharge document, dated 3 July 1946, shows that he participated in the Normandy campaign during World War II. This discharge document also shows entitlement to the European-African-Middle Eastern (EAME) Campaign Medal with one bronze service star.

7. The applicant’s service personnel records show that he served in Korea from 9 May 1951 through 26 April 1952 and participated in three campaigns (CCF spring offensive, 22 April 1951 to 8 July 1951; UN summer-fall offensive, 9 July 1951 to 27 November 1951; and Second Korean winter, 28 November 1951 to 30 April 1952).

8. The Board notes that item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 with an effective date of 6 February 1953 shows the EAME Campaign Medal and the Korean Service Medal (KSM) as authorized awards.

9. Item 28 (Most Significant Duty Assignment) on the applicant’s DD Form 214 with an effective date of 6 February 1953 shows the entry, “1328 GS Engr Unit Cmdr” [General Service Engineer Unit Commander].

10. Item 28 (Chronological Record of Military Service) on the applicant’s WD AGO Form 66 (Officer’s, Warrant Officer’s, and Flight Officer’s Qualification Record) shows that as a member of the Korean Military Advisory Group he served as an advisor in MOS 1331 (Combat Engineer Unit Commander) to 107th Engineer Combat Battalion of the Republic of Korea Army from 18 May 1951 through 26 April 1952.

11. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

12. Special Regulations Number 135-175-5 (Civilian Components – Separation of Officers), in effect at the time, states that the provisions of these regulations are applicable to all commissioned and warrant officers of the civilian components of the Department of the Army when they are being relieved from extended active duty or wholly separated from the service while on extended active duty. This regulation governed preparation and distribution of the discharge document. The regulation provides no authority to show battles and campaigns on the discharge document.

13. Special Regulations Number 135-175-5, in pertinent part, directs that the duty which required the greatest demonstration of the officer’s training and experience as shown on his WD AGO Form 66 (item 28) will be entered in item 28 (Most Significant Duty Assignment) on the DD Form 214.

CONCLUSIONS:

1. The Board considered the applicant’s request that his DD Form 214 with an effective date of 6 February 1953 be corrected to show the campaigns he participated in during the World War II and the Korean War. However, the governing regulation in effect at the time provided no authority to show battles and campaigns on the DD Form 214. Therefore, there is no basis for granting the applicant’s request.

2. Item 28 (Most Significant Duty Assignment) on the applicant’s DD Form 214 with an effective date of 6 February 1953 shows the entry, “1328 CS Engr Unit Comdr.” However, in accordance with the governing regulation in effect at the time, the duty which required the greatest demonstration of the officer’s training and experience as shown in item 28 on his WD AGO Form 66 will be entered in item 28 (Most Significant Duty Assignment) on the DD Form 214. Item 28 on the applicant’s WD AGO Form 66 shows that his most significant duty assignment was MOS 1331 (Combat Engineer Unit Commander). Therefore, item 28 on the applicant’s DD Form 214 should be corrected to show this duty assignment.

3. The applicant’s DD Form 214 with an effective date of 6 February 1953 shows the EAME and the KSM as authorized awards. Evidence of record shows that the applicant participated in the one campaign during World War II and participated in three campaigns during the Korean War. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the EAME with one bronze service star and the KSM with three bronze service stars.

4. 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 deleting the entry, “1328 GS Engr Unit Comdr” in item 28 (Most Significant duty Assignment) on the DD Form 214 with an effective date of
6 February 1953 of the individual concerned;

         b. by adding the entry, “1331 Combat Engr Unit Comdr” in item 28 on his DD Form 214;

         c. by deleting the entries, “EAME” and “KSM” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214; and

         d. by adding the entries, “EAME with one bronze service star” and “KSM with three bronze service stars” in item 27 on his DD Form 214.







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

BOARD VOTE:

JNS____ EJA____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068492
SUFFIX
RECON
DATE BOARDED	20020625
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	100.0500
3.
4.
5.
6.