| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Patrick H. McGann, Jr. | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his 30 January 1953 DD Form 214 (Report of Separation) be corrected to show that his most significant duty assignment was with Headquarters and Service Company, 194th Engineer Battalion. He also requests that a remark be added to that form to show that he was injured in Korea when a crane overturned, trapping and pinning him in the cab.
2. The applicant's statements mirror those of his statements in his initial request to this Board, and his request for reconsideration. He, however, has submitted a 15 October 2003 statement indicating that letters, e-mails, and correspondence from former comrades show that he was in fact assigned to the 194th in Korea, and was injured when a crane overturned. Nonetheless, In this new statement, he in effect withdraws his request for award of the Combat Engineer Badge, indicating that he now realizes that this badge is nonexistent.
3. The applicant provides a copy of his initial statement to the Board, to include a copy of a newspaper article indicating his assignment with the 194th Engineers in Korea. He provides a copy of a statement from a former comrade, who attests that the applicant was assigned to the 194th and was injured as the applicant so states. That former soldier provides a copy of his own DD Form 214 showing that he was released from active duty on 2 October 1952 and that his most significant duty assignment was with H & S Co [Headquarters and Service Company] 194th Engr C Bn [194th Combat Engineer Battalion]. He provides a 23 September 2003 statement from that former comrade. He provides a statement and a list of former 194th members from another former comrade. He also provides e-mail messages to him and a copy of an abbreviated history of the 194th from that former soldier.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002071748 on 23 July 2002.
2. Also included, as part of the applicant's request, is a copy of this agency's 28 March 2003 letter to the applicant denying his request for reconsidration.
3. The documents that the applicant has submitted as iterated above is new evidence that requires consideration by the Board. That new evidence consists mainly of a statement on his behalf from a former comrade who attests to the applicant's assignment with the 194th and his injury while assigned to that unit, providing a copy of his own DD Form 214 showing that he also was assigned to the 194th (most significant duty assignment on his DD Form 214). The remaining documents submitted on the applicant's behalf attest to the efforts to assist him in his quest.
DISCUSSION AND CONCLUSIONS:
1. The evidence suggests that the applicant was assigned to the 194th in Korea. Nonetheless, as indicated in the 23 July 2002 Board decision, the rules concerning the entry on the applicant's DD Form 214 clearly indicate that the last unit or similar element will be entered in item 28 of that form. The correct entry was apparently made. Consequently, there is no error concerning this entry. By the same token, however, it would appear that, regardless of that rule, the applicant's most significant duty assignment would have been with the 194th in Korea during the Korean War, and not with a unit at Camp Rucker, Alabama, subsequent to his return from Korea. Consequently, in all fairness to the applicant it would be appropriate to show that the applicant's most significant duty assignment was Headquarters and Service Company, 194th Combat Engineer Battalion.
2. The applicant states in effect, that he was not wounded in action, but that his injury was an accident. There is little doubt that he was injured in Korea as he so states, and as attested to by a former comrade. Nonetheless, there are no provisions for including that type of information on a Soldier's DD Form 214. This information has not been included in past separation documents, and is not so included now. To do so, would result in thousands of such entries to be included on separation documents – any entry that resulted in treatment by a doctor, or in fact, a medical corpsman, from a serious, life threatening injury; a major injury; to a minor injury, i.e., a fractured finger, a superficial cut, and so on. Such information is adequately documented in Soldiers' medical files. The applicant's concern in this matter is respected; however, his request to include information about his injury on his DD Form 214 cannot be granted.
3. The applicant has in effect, withdrawn his request for award of a Combat Engineer Badge, acknowledging that badge does not exist. Consequently, the Board will not further address this issue.
BOARD VOTE:
__FNE __ __MHM _ __PHM__ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
| CASE ID | AR2003091407 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031202 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.05 |
| 2. | 122.01 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002071748C070403
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. When the Korean War Service Medal is authorized by the Department...
ARMY | BCMR | CY2011 | 20110022741
His DD Form 214 indicates: a. in item 27, he was awarded or authorized the Korean Service Medal with three bronze service stars, one overseas service bar, United Nations Service Medal, and Army of Occupation Medal with Japan Clasp; and b. in item 28, his most significant duty assignment was Headquarters and Service Company, 106th Engineer Battalion (Combat), 31st Infantry Division, Camp Atterbury, IN. He provides an unsigned statement from a former fellow Soldier, dated 4 July 2010, who...
AF | BCMR | CY2005 | BC-2003-04306
A review of his medical records reveals no record of such injuries, although while stationed at Kadena AB, he injured his back lifting furniture. The Medical Consultant states he asserts his back was injured during a rocket attack in Vietnam either by falling off a helicopter or when a comrade fell on his back seeking shelter. He also asserts his back and knee conditions were caused by his duties during aerial flight.
ARMY | BCMR | CY2008 | 20080012407
The DD Form 215 was issued based on the applicants application for correction of military records, dated 28 March 1960. This document shows that the Chief, Army Reference Branch, Military Personnel Records, National Personnel Records Center, St. Louis, Missouri, verified the applicants awards and authorized issuance of the Purple Heart with 1 Oak Leaf Cluster, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Korean Service Medal with 1 silver service star and 1...
ARMY | BCMR | CY2003 | 2003089828C070403
His discharge form does not show award of the Purple Heart, nor does it show that he was wounded in action. In a 26 September 2001 statement, the applicant's former company commander stated that the applicant was wounded in action on 23 September 1944 at Stolberg, Germany; and that under the circumstances at that time, we bandaged his wound and he continued his assignment. That all of the Department of the Army records related to this case be corrected by showing that the applicant was...
ARMY | BCMR | CY2002 | 2002071840C070403
The applicant’s DD Form 214 shows that he entered on active duty on 16 March 1951, that he had 1 year, 5 months, and 8 days of foreign service, and that his most significant assignment was with Company I, 7 th Cavalry Regiment. Evidence of any such treatment for injuries to his foot or back would strengthen the applicant’s contention that he was wounded in action, in which case he could ask for reconsideration of his request for award of the Purple Heart.10. The National Defense Service...
ARMY | BCMR | CY2008 | 20080018322
On 23 September 2008, by letter, the Chief, Military Awards Branch, HRC-Alexandria, VA notified the applicant that after a careful review of the documentation submitted by him, it was determined that the collapse of the bridge was not influenced by enemy action or sabotage and that the report of interment erroneously showed the date of death as 17 April 1951 as a result of a shrapnel wound to the leg, but the evidence suggests that the FSM died on 30 March 1951 as a result of drowning. The...
ARMY | BCMR | CY2008 | 20080002483
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 April 2008 DOCKET NUMBER: AR20080002483 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. The applicants military records are not available to the Board for review. There are no orders in the applicant's available personnel records that show he was awarded the Purple Heart; there is no evidence in the...
ARMY | BCMR | CY2014 | 20140006333
The applicant's complete military records are not available to the Board for review. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. There is no evidence available and he did not provide sufficient evidence showing the injuries he sustained in Korea were a direct result of enemy action for award of the Purple Heart.
ARMY | BCMR | CY2003 | 2003088018C070403
He was on active duty with Tank Company, 180th Infantry Regiment of the 45th Infantry Division, a National Guard organization, during the Korean War. 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. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...