PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002071748

         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
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Hubert O. Fry		Member
Ms. Gail J. Wire		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be amended to shows his most significant duty assignment as Headquarters and Headquarters Company, 194th Engineer Combat Battalion, Kumwha, Korea; to show he sustained injuries to his neck and left side in December 1951, and to show award of the Combat Engineer Badge; and to show all of his awards spelled completely.

3. The applicant states that he wants his discharge to be changed to show the unit that he served with during the Korean War which was located at Kumwha, Korea, when he departed for the United States in August 1952. He also states that he sustained a neck injury and sustained injuries to the upper left side of his torso when a truck mounted crane shovel he was operating overturned. He states that he was told that errors on his DD Form 214 would be corrected and he would be mailed a corrected DD Form 214, but he never received one.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. The only record available to the Board is the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States).

5. The applicant’s DD Form 214 shows that he entered active duty on 30 April 1951 and completed training as a combat engineer. He served 11 months and 19 days of foreign service; however, the specific dates of his service in Korea are not shown on his discharge document. The applicant was honorably separated from active duty on 30 January 1953.

6. The applicant’s DD Form 214 shows in item 28 (Most Significant Duty Assignment) the entries: “Hqs Co [Headquarters Company] 423 E.C.B. [423d Engineer Combat Battalion], 47th Inf Div [47th Infantry Division], Camp Rucker, Alabama.”

7. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, “N/A” [not applicable].

8. The applicant’s DD Form 214 shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he is entitled to the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal and 1 Overseas Service Bar.

9. There are no records which show that the applicant was assigned to the Headquarters and Headquarters Company, 194th Engineer Combat Battalion, located at Kumwha, Korea.

10. There is no medical evidence or records which show that the applicant sustained injuries to his neck and upper left body accidentally or as a result of hostile action in December 1951.

11. There is no evidence the applicant was awarded the Combat Engineer Badge. The Combat Engineer Badge is not described or authorized in Army Regulation 600-8-22 (Military Awards).

12. Review of the applicant’s DD From 214 indicates that he is eligible for award of the Good Conduct Medal and the National Defense Service Medal which are not show on his discharge document.

13. There is no indication the applicant was awarded the Good Conduct Medal. There is no evidence of indiscipline or lost time on the applicant’s DD Form 214.

14. Special Regulations Number 615-360-1 (Enlisted Personnel) established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. This regulation governed preparation of the DD Form 214 (Report of Separation from the Armed Forces of the United States). Page 24 of this Special Regulation contains the instructions for completion of item 28. It states in pertinent part: “Enter the last unit or similar element, to which assigned for duty rather than the element of which individual was a part while moving to a separation point. The title and/or number of the organization will be precisely as indicated in the service record.”

15. Special Regulations Number 615-360-1 states that item 29 (Wounds Received as a Result of Action with Enemy Forces) will contain “chronologically each wound received as a result of enemy action. Show both date and place of action if recorded on records available at the time of separation. The theater of operations may be entered if exact location is not recorded.”

16. Special Regulations Number 615-360-1 states that item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) will contain “decorations and citations received during the period covered by the DD Form 214, and authority for each. Authorities for service medals need not be entered.” This regulation does not prohibit abbreviations.

17. Army Regulation 600-8-22 provides that the 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

18. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

19. For your information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214.

CONCLUSIONS:

1. The Board noted that there are no records provided in support of the applicant’s requests for correction of his DD Form 214. The Board recommends that the applicant attempt to reconstruct his records. Sources of information include records maintained by associations, statements and records from fellow soldiers with whom you served, the National Archives and records which may have been submitted to the Department of Veterans Affairs with claims for service connected disability. Copies of any records which you discover should be provided to the National Personnel Record Center in St. Louis, Missouri.

2. There are no records which show the applicant served with the Headquarters and Headquarters Company, 194th Engineer Combat Battalion, located at Kumwha, Korea. Therefore, there is insufficient evidence upon which to correct item 28 (Most Significant Duty Assignment) of the applicant’s DD Form 214.

3. In the absence of evidence that the applicant was wounded as result of hostile action, there is no basis for amending item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214.

4. There is no evidence that the Combat Engineer Badge is an award authorized by an Army military awards regulation in effect at the time of the applicant’s service or currently in effect. Therefore, there is no basis for amending item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 to show award of the Combat Engineer Badge.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 30 April 1951 through 30 January 1953 based on completion of a period of qualifying service ending with separation from military service. Therefore, he is entitled to correction of his DD Form 214 to this award.

7. Based on the applicant’s honorable military service between 30 April 1951 through 30 January 1953, he is entitled to award of the National Defense Service Medal and correction of his DD Form 214 to show this award.

8. 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 that the individual concerned was awarded the Good Conduct Medal for the period 30 April 1951 through 30 January 1953 and the National Defense Service Medal.

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

BOARD VOTE :

__GJW__ __HOF__ __JLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Jennifer L. Prater_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071748
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020723
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.