PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002075345


         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. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		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 correction of item 5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show Anti-Aircraft Artillery Gun Crewman instead of “1500 Recreation Supv” [supervisor]; correction of item 28 (Most Significant Duty Assignment) to show Anti-Aircraft Artillery Gun Crewman instead of “Recreation Supv”; and correction of item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Purple Heart.

3. The applicant states, in effect, that he was an anti-aircraft artillery gun crewman during his assignment in Korea and that the recreation supervisor position was assigned to him in October 1954 because he was placed on light duty for the last five months of his service. He contends that his entire unit, Battery C, 865th Anti-Aircraft Artillery Battalion, was awarded the Purple Heart because of the defense of the bombing raids that took place at Kempo Airbase in Kempo, Korea, in 1953. In support of his application, he submits a letter of explanation, dated 10 June 2002; a document titled “Reclassification of EM [Enlisted Member], dated 1 October 1954; a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); and a letter, dated
16 July 2002.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show the applicant enlisted on 31 March 1952 for a period of 3 years. He served in Korea and was honorably released from active duty and transferred to the U.S. Army Reserve.

5. Item 5 (Qualifications/Specialty Number or Symbol) on the applicant’s DD Form 214 shows the entry, “1500 Recreation Supv” [Supervisor] and (Qualifications/Related Civilian Occupation and D.O.T. Number) shows the entry, “NA” [Not Applicable].

6. Item 28 (Most Significant Duty Assignment) on his DD Form 214 shows the entry, “58 AAA [Anti-Aircraft Artillery] Cp [Camp] Chaffee Ark [Arkansas] Recreation Supv” [Supervisor].

7. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

8. There is no evidence in the available records which shows the applicant served as an anti-aircraft artillery gun crewman.

9. The applicant’s DA Form 493 (Separation Qualification Record) is not contained in the available records.

10. The applicant provided a document, dated 1 October 1954, which shows that a recommendation to reclassify his military occupational specialty (MOS) from 1602 (cannoneer) to MOS 2442 (entertainment specialist) was approved.

11. There are no orders for the Purple Heart in the available records. There is also no evidence in the available records which shows the applicant was wounded as a result of hostile action in Korea.

12. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows the entry, “None”.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

14. Special Regulations Number 615-360-1 (Enlisted Personnel), 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 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 20 of this Special Regulation contains the instructions for completion of item 5 (Qualifications) of the DD Form 214. The regulation specifically states “Enter “Not applicable.” This item is covered in the Separation Qualification Record (DA Form 493) required by Special Regulations 600-480-1). “ There is no provision to enter the specialty number or symbol in item 5 on the DD Form 214.

15. Page 24 of Special Regulations Number 615-360-1 contains the instructions for completion of item 28 (Most Significant Duty Assignment) of the DD Form 214. The regulation specifically states the last unit, or similar element, to which assigned for duty rather than the element of which an individual was a part while moving to a separation point will be entered in item 28. The regulation also states that assignments to units for the purpose of transfer from an oversea command to the United States are considered part of the movement to a separation point. Assignment to a medical holding detachment for the purpose of separation by reason of disability will not be considered a duty assignment. The title and/or number of the organization will be precisely as indicated in the service record. There is no provision to enter the MOS in item 28 on the DD Form 214.
16. As a matter of 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 service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

17. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DO Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. Once the Korean War Service Medal has been 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 award to his DD Form 214.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he served as an anti-aircraft artillery gun crewman during his assignment in Korea. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

2. Evidence provided by the applicant shows that his MOS was 1602 (cannoneer) prior to 1 October 1954 and that his MOS was reclassified after he was assigned to a medical hold detachment.

3. Item 5 (Qualifications/Specialty Number or Symbol) on the applicant’s DD Form 214 shows the entry, “1500 Recreation Supv” [Supervisor] and (Qualifications/Related Civilian Occupation and D.O.T. Number) shows the entry, “NA” [Not Applicable].

4. The governing regulation in effect at the time provides no authority to enter the specialty number or symbol in item 5 on the DD Form 214.

5. The Board concluded that MOS 1602 (cannoneer) was more significant than MOS 1500 (recreation supervisor). Therefore, as an exception to regulation, the Board determined that item 5 (Qualifications/Specialty Number or Symbol) on the applicant’s DD Form 214 will be amended to show the entry, “1602 Cannoneer.”

6. Item 28 (Most Significant Duty Assignment) on the applicant’s DD Form 214 shows the entry, “58 AAA [Anti-Aircraft Artillery] Cp [Camp] Chaffee Ark [Arkansas] Recreation Supv” [Supervisor].

7. The Board considered the applicant’s request to change the MOS in item
28 (Most Significant Duty Assignment) on his DD Form 214. However, the governing regulation in effect at the time provides no authority to enter the MOS in item 28 on the DD Form 214. Therefore, there is no basis for granting the applicant’s request.

8. In accordance with the governing regulation in effect at the time, the Board determined that it would be appropriate to delete the MOS entry, “Recreation Supv” [Supervisor] in item 28 on the applicant’s DD Form 214.

9. The Board also considered the applicant’s contention that his entire unit was awarded the Purple Heart in Korea. However, there is no evidence of record to support this contention.

10. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

11. 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, “1500 Recreation Supv” in item 5 (Qualifications/Specialty Number or Symbol) on the DD Form 214 of the individual concerned;

         b. by adding the entry, “1602 Cannoneer” in item 5 on the DD Form 214; and

         c. by deleting the entry, “Recreation Supv” in item 28 (Most Significant Duty Assignment) on the DD Form 214.









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

BOARD VOTE:

RWA__ KYF___ BPI_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Roger W. Able_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075345
SUFFIX
RECON
DATE BOARDED	20021212
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0500
2.	107.0015
3.
4.
5.
6.