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ARMY | BCMR | CY2002 | 2002078830C070215
Original file (2002078830C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 May 2003
         DOCKET NUMBER: AR2002078830


         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. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Lester Echols Member
Mr. Frank C. Jones, II 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.


2. The applicant requests reconsideration of his previous application to correct his military records by awarding him the Combat Infantryman Badge (CIB); by correcting his rank to Private First Class (PFC); and by paying him the difference in pay between Private (PV2) and PFC.

3. The applicant states, in effect, that the evidence of record and the documents submitted by him in his initial request and his request for reconsideration clearly show he served as an Infantryman with Company L, 3rd Battalion, 23rd Infantry Regiment, 2nd Infantry Division and that he was selected for promotion to PFC.

4. The record of Proceedings of the Board’s 18 June 2002 review of the case (AR2001062754) is incorporated herein by reference as if wholly set forth.

5. In support of his request for reconsideration, the applicant submits a letter addressed to the Deputy Assistant Secretary of the Army (Army Review Boards), dated 28 July 2002; a letter to the Army Review Boards Agency Support Division, dated 3 January 2003; a copy of Special Orders Number 16, Company L, 23rd Infantry, USNS (US Navy Ship) General William O. Darby, dated 4 August 1950, showing applicant's promotion to PFC on 4 August 1950; and copies of Morning Reports (WD AGO Form 1) for Company L, 3rd Battalion, 23rd Infantry Regiment, 2nd Infantry Division, dated 4 August 1950 and 5-6 October 1950. The applicant’s submission is new evidence and/or argument that requires Board consideration.

6. Promotion orders published by Company L, 23rd Infantry Regiment on 4 August 1950 while the unit was in transit to Korea aboard the USNS General William O. Darby prove that the applicant was promoted from PV2 to PFC. This is also verified by the unit's Morning Report for 4 August 1950 announcing 58 promotions to PFC.

7. In his original submission to the Board, the applicant provided a copy of a WD AGO Form 8-27 (Field Medical Card), dated 10 January 1951, showing that he was admitted to the 4th Field Hospital, located near Wonju, Korea, suffering from 1st and 2nd degree burns received from standing too close to a bonfire. This document verifies his unit as Company L, 3rd Battalion, 23rd Infantry Regiment, 2nd Infantry Division; his branch of service as Infantry; and his rank as PFC.

8. Additional proof that the applicant served as an Infantryman during the Korean War is available from documentation obtained in resolving the applicant's original application to the Board. Copies of Surgeon General's Office Hospital Admissions Cards for 29 September 1950 and 9 January 1951 show that the applicant's branch of service was Infantry and his unit was the 23rd Infantry Regiment.

9. According to the applicant, after he was released from the hospital in January 1951, he was assigned to the 8th Army Band in Teagu, Korea. While there, he received a 30-day leave to the United States because of problems at home. When his leave expired, he reported to Camp Stoneman, California, for return to Korea; however, because he had less than 6 months left in the Army, he was diverted to Fort Lewis, Washington, pending separation.

10. At Fort Lewis, the applicant was assigned to an Engineer unit. In June 1951, he was admitted to the hospital for a recurrence of malaria. He was ultimately reassigned to the 320th General Hospital at Fort Lewis and served there until he was separated on 14 October 1951. His DD Form 214 shows that he was separated as a PV2 (with a date of rank of 6 September 1951); that he was a Medical Corpsman, MOS 5651; and that his "most significant duty assignment" was as a Medical Corpsman assigned to the 320th General Hospital.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant was an Infantryman who served with Company L, 3rd Battalion, 23rd Infantry Regiment, 2nd Infantry Division.

2. As part of the 2nd Infantry Division, the 23rd Infantry Regiment deployed from Fort Lewis in late July 1950 and arrived in Pusan, Korea, on 4 August 1950. By 28 August 1950, the applicant's unit was committed to the defense of the Pusan Perimeter along the Nakdong River defense line. The unit remained in combat throughout the applicant's tenure which ended with his being burned on 9 January 1951. The applicant is entitled to award of the CIB.

3. The record clearly indicates that the applicant was promoted to PFC on 4 August 1950 by unit Orders Number 16, dated 4 August 1950. Medical records dated 10 January 1951 show his rank as PFC. As the applicant's pay vouchers are no longer available, the Board presumes that he was properly paid as a PFC.

4. Although verifying records do not exist, the Board accepts the applicant's statement that he was reassigned to the 8th Army Band following his January 1951 hospitalization for burns, that he was returned to the United States on a 30-day leave in 1951, and that he was diverted to Fort Lewis to await the expiration of his enlistment.

5. The record indicates that the applicant was assigned to the 320th General Hospital, Fort Lewis, at the time of his separation on 14 October 1951. The record also indicates that the applicant was reduced to the rank of PV2 at Fort Lewis on 6 September 1951. The reason is unknown; however, in the absence of information to the contrary, the Board presumes regularity in this matter.
6. The applicant's DD Form 214 does not properly reflect his branch of service or his most significant duty assignment. The record clearly indicates that the applicant's branch of service was Infantry (MOS 4745) and his most significant duty assignment was "Co L, 3/23 Inf, 2ID."

7. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) showing that he was awarded the CIB, that his branch of service was Infantry and his MOS was 4745, and that his most significant duty assignment was "Co L, 3/23 Inf, 2ID."

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

BOARD VOTE:

__LLS___ __LE___ __FCJ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Luther L. Santiful
                  ______________________
                  CHAIRPERSON


INDEX

CASE ID AR2002078830
SUFFIX
RECON
DATE BOARDED 20030529
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0111
2. 128.0000
3. 129.0500
4.
5.
6.





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