Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002078779C070215
Original file (2002078779C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 February 2003
         DOCKET NUMBER: AR2002078779

         I certify that hereinafter is recorded the record of consideration 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. Samuel A. Crumpler Chairperson
Ms. Regan K. Smith Member
Mr. Antonio Uribe Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 7 September 1967 to show that he served as a military policeman in Korea. He also requests award of the Korean Service Medal and any awards and decorations to which he may be entitled.

APPLICANT STATES: That he was a military policeman in Korea but it is not shown on his discharge document. In support of his application, he submits a copy of his DD Form 214 with an effective date of 7 September 1967; reassignment orders, dated 18 July 1959 and 6 June 1960; and an Installation Clearance Record, dated 13 June 1960.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant was inducted on 18 April 1949. He served as a military policeman and was honorably released on 21 April 1950 and transferred to the Enlisted Reserve Corps (ERC).

The applicant was ordered to active duty on 7 September 1950 for a period of
24 months. He served as a military policeman and was released from active duty on 22 November 1951 and released to the ERC.

The applicant reenlisted on 3 March 1955 for a period of 3 years. He served as a military policeman in Germany from 20 October 1955 through 18 January 1956. On 31 May 1956, the applicant was placed on the Temporary Disability Retired List (TDRL). On 10 November 1958, the applicant was removed from the TDRL.

The applicant reenlisted on 1 December 1958 for a period of 3 years. The applicant served as a military policeman in Korea from 22 June 1959 through
5 July 1960, subsequently served as a supply clerk and was honorably discharged on 7 September 1961.

The applicant reenlisted on 8 September 1961 for a period of 6 years. The applicant served as a supply sergeant in Germany from 3 March 1964 through
11 February 1967 and was honorably discharged on 7 September 1967.

The applicant's DD Form 214 with an effective date of 7 September 1967 shows his military occupational specialty (MOS) was 76Y40 (Unit and Organization Supply Specialist).

The applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant was awarded primary MOS 76Y40 (Unit and Organization Supply Specialist) effective 1 July 1967.

The applicant's service personnel records contain five DD Forms 214.
The DD Form 214 covering the period 18 April 1949 through 21 April 1950 shows that the applicant served as a military policeman in the Military Police Corps.

The DD Form 214 covering the period 7 September 1950 through 22 November 1951 shows that the applicant served as a military policeman in the Military Police Corps.

The DD Form 214 covering the period 3 March 1955 through 31 May 1956 shows that the applicant served as a military policeman in the Military Police Corps.

Item 23a (Specialty Number and Title) on the applicant's DD Form 214 covering the period 1 December 1958 through 7 September 1961 shows he served as a general supply specialist. The applicant's DA Form 20 shows he served as a military policeman in Korea from 22 June 1959 through 5 July 1960. The applicant's records show that he was awarded primary MOS 76K (general supply specialist) effective 2 December 1960.

There is no evidence in the applicant's service personnel records which shows the applicant served in Korea during the period 27 June 1950 and 27 July 1954.

Review of the applicant's records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

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 23a (Specialty Number and Title) on the DD Form 214.

Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between
27 June 1950 and 27 July 1954.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Evidence of record shows the applicant was awarded primary MOS 76Y40 (Unit and Organization Supply Specialist) effective 1 July 1967.

2. Item 23a (Specialty Number and Title) on the applicant's DD Form 214 with an effective date of 7 September 1967 shows the entry, 76Y40 UNIT & ORGAN SUP SP" [Unit and Organization Supply Specialist].
3. The Board noted the applicant's request to correct his DD Form 214 with an effective date of 7 September 1967 to show that he served as a military policeman in Korea. However, the governing regulation in effect at the time states that the primary MOS code number and title will be entered in item
23a (Specialty Number and Title) on the DD Form 214. Therefore, item
23a (Specialty Number & Title) on the applicant's DD Form 214 with an effective date of 7 September 1967 is correct as currently constituted.

4. The Board notes that the applicant's DA Form 20 (Enlisted Qualification Record) properly shows that he served as a military policeman in Korea from
22 June 1959 through 5 July 1960.

5. The Board also considered the applicant's request for award of the Korean Service Medal. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served a period of qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. Therefore, the Board determined that there is no evidence on which to base award of the Korean Service Medal in this case.

6. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

7. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

SAC____ RKS____ AU______ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002078779
SUFFIX
RECON
DATE BOARDED 20030211
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.0500
2. 107.0070
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060010714

    Original file (20060010714.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2007 DOCKET NUMBER: AR20060010714 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. Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 July 1961; therefore, the time for the applicant to file a request for correction of any error or...

  • ARMY | BCMR | CY2014 | 20140003225

    Original file (20140003225.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 2 October 2014 DOCKET NUMBER: AR20140003225 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 31 December 1970, to show any awards for his service in Okinawa from 1967 to 1968. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of...

  • ARMY | BCMR | CY2005 | 20050015497C070206

    Original file (20050015497C070206.doc) Auto-classification: Approved

    24 October 1950 through 23 October 1953 – with 1 year and 2 days of foreign service and award of the Purple Heart, the Good Conduct Medal, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge; c. no DD Form 214 is of record for the period 7 December 1953 through 3 October 1956; d. 4 October 1956 through 3 October 1962 – with 1 year, 6 months, and 5 days of foreign service and award of the Purple Heart, the Good...

  • ARMY | BCMR | CY2008 | 20080003365

    Original file (20080003365.txt) Auto-classification: Approved

    Based on the applicant's service in Korea, he therefore served a qualifying period of service for award of the Korean Service Medal, and is therefore, entitled to correction of his records to show this award. The evidence of record shows that the applicant served a qualifying period of service for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award BOARD VOTE: __xxx___ __xxx___ __xxx___ GRANT FULL RELIEF ________ ________...

  • ARMY | BCMR | CY2015 | 20150012657

    Original file (20150012657.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. His DD Form 214 covering the period 23 June 1959 to 4 October 1962 listed the Armed Forces Expeditionary Medal as an authorized award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the following awards...

  • ARMY | BCMR | CY2012 | 20120005577

    Original file (20120005577.txt) Auto-classification: Approved

    The applicant provides: * FSM's death certificate * DD Form 214 for the period ending 22 June 1959 * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 10 October 1950 * DD Forms 215 (Correction to DD Form 214), dated 2 July 2004 and 3 September 2004 * Four award certificates for the Purple Heart * Permanent orders 108-01, dated 18 April 1995 * Numerous newspaper articles * Two photographs * DA Form 24 (Service Record) * Service personnel...

  • ARMY | BCMR | CY2011 | 20110002073

    Original file (20110002073.txt) Auto-classification: Denied

    There is no evidence of record which shows he served in Korea during the period 27 June 1950 to 27 July 1954. There is no evidence of record which shows the applicant's unit served in direct support of operations in Korea. There is no evidence of record and the applicant has provided no evidence which shows he served a period of qualifying service in Korea or that while serving in Okinawa he served in direct support of operations in Korea.

  • ARMY | BCMR | CY2002 | 2002079639C070215

    Original file (2002079639C070215.rtf) Auto-classification: Approved

    The applicant's DD Form 230 (Service Record) shows that he served in Korea from 20 August 1950 through 20 September 1950. 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. The Board also reviewed the medical records, dated 1956 and 1981, provided by the applicant, which show that he reported that he sustained a battle injury in...

  • ARMY | BCMR | CY2012 | 20120019158

    Original file (20120019158.txt) Auto-classification: Approved

    The applicant served on active duty for more than 3 years before receiving ratings of "good" for the 3-month period 5 August-14 November 1957. In the absence of any disqualifying factors for his 3-year periods of service before and after receipt of his "good" ratings, it would be appropriate to award him the Army Good Conduct Medal as follows: * 1st Award – 26 October 1953-25 October 1956 * 2nd Award – 15 November 1957-14 November 1960 6. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2012 | 20120005064

    Original file (20120005064.txt) Auto-classification: Approved

    The applicant requests correction of the records of his deceased father, a former service member (FSM), to show: * second award of the Bronze Star Medal * second award of the Combat Infantryman Badge * Croix de Guerre * four awards of the Army Good Conduct Medal * two service stars to be affixed to the Korean Service Medal * one service star to be affixed to the American Defense Service Medal * American Campaign Medal * marksmanship qualification badges 2. The applicant states: * the awards...