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ARMY | BCMR | CY2004 | 20040000068C070208
Original file (20040000068C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 September 2004
      DOCKET NUMBER:  AR20040000068


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert Duecaster              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Report of Separation from
the Armed Forces of the United States) be corrected to show he completed
airborne training, was assigned to the 511th Airborne Infantry, was awarded
the Army of Occupation Medal with Japan clasp, and to show his foreign
service included the time he spent in Japan as well as in Korea.  He also
requests award of the Senior Parachutist Badge.

2.  The applicant states that the requested entries were omitted from his
DD Form 214.  They sailed for Japan in January 1948 and returned home to
Camp Campbell, KY in April 1949.  In order to have the new Florida
paratrooper license plate, he must have this information {that he completed
airborne training] on his DD Form 214.

3.  The applicant provides his DD Form 214 for the period ending 13 January
1955; a Basic Airborne Course completion certificate; a Transportability
Course completion certificate dated 3 April 1948; a Leadership Course
completion certificate dated 23 December 1948 (or 1949); two promotion
certificates and one set of promotion orders; a certificate showing he
crossed the International Dateline; an application for award of the Senior
Parachutist Badge with a Chronological Approximation of Parachute Jumps,
both dated 15 December 1954, and a first endorsement from his company
commander recommending approval.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on    13 January 1955.  The application originally submitted in this case
was dated     30 October 2003.

2.  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 the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  His post-Army Air
Force National Guard records are available but his Air Force Form 7 (Airman
Military Record) shows only one consolidated entry for his prior Army
service.  However, there were sufficient documents remaining in a
reconstructed record for the Board to conduct a fair and impartial review
of this case.  These documents consisted primarily of those provided by the
applicant and his Army pay records.

4.  The applicant entered the Army on 20 April 1947.

5.  The applicant provided a training certificate which shows he completed
the Basic Airborne Course at The Infantry School, Fort Benning, GA on 8
November 1947.

6.  The applicant provided a training certificate which shows he completed
a Leadership Course on 23 December 1948 (possibly 1949) while stationed at
Camp Haugen, Japan.  His corporal promotion certificate shows he was
promoted to that rank on 2 February 1949 at Camp Haugen, Japan.  His
sergeant promotion certificate shows he was promoted to that rank on
        14 February 1949 at Camp Haugen, Japan.

7.  The applicant was honorably discharged on 18 January 1950 for the
purpose of immediate reenlistment.  A DD Form 214 for the period ending 18
January 1950 is not available and was apparently lost.  He was issued a
Certification of Military Service on 19 September 1977 in lieu of the DD
Form 214.

8.  The applicant reenlisted on 19 January 1950.  His pay records show he
arrived in Korea in December 1952.  His pay records also show he was paid
parachutist pay almost continuously from 1948 until his separation.

9.  On 15 December 1954, the applicant applied for award of the Senior
Parachutist Badge.  He indicated that he had made 20 jumps with combat
equipment, two night jumps as a jumpmaster, a total of 3 night jumps, and
that he had graduated from the 11th Airborne Division jumpmaster school on
22 May 1954.  On 20 December 1954, his company commander recommended
approval of his request but did not indicate what the applicant's character
and efficiency ratings were.

10.  On 13 January 1955, the applicant was honorably discharged.  Item
     26 (Foreign and/or Sea Service) of his DD Form 214 for the period
ending         13 January 1955 shows he completed 11 months and 22 days of
foreign service. Item 27 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded
the Combat Infantryman Badge, the Korean Service Medal with two bronze
service stars, the United Nations Service Medal, and the National Defense
Service Medal.  Item  28 (Most Significant Duty Assignment) shows he was
assigned to Company K, 511th Airborne Infantry Regiment.  Item 31 (Service
Training Courses Successfully Completed) contains the entry, "None."  Item
38 (Remarks) shows he had 4 days of lost time.

11.  Special Regulation 615-360-1, dated 24 June 1953, provided
instructions   for preparation of the DD Form 214 at the time.  The total
service outside the continental limits of the United States during the
current term of service would be entered in item 26.  Decorations or
citations received during the period covered by the DD Form 214 would be
entered in item 27.  The last unit to which assigned for duty would be
entered in item 28.  Installation training courses (qualification courses),
military correspondence courses, and off-duty courses as the individual had
completed successfully would be entered in item 31.

12.  Army Regulation 600-70 (Badges), dated 29 March 1954, in pertinent
part, set forth requirements for award of the Parachutist Badge.  Award of
the basic Parachutist Badge required that an individual must have
satisfactorily completed the prescribed proficiency tests while assigned or
attached to an airborne unit or the Airborne Department of The Infantry
School, or have participated in at least one combat parachute jump into
enemy-held territory.

13.  Army Regulation 600-70, in pertinent part, set forth requirements for
award of the Senior Parachutist Badge.  Award of the Senior Parachutist
Badge required a rating of excellent or higher in conduct and efficiency,
participation in a minimum of 30 jumps (5 with combat equipment and two
night jumps with one as jumpmaster) and either graduation from the
Jumpmaster Course of the Airborne Department of The Infantry School or the
jumpmaster school of a separate airborne battalion or larger airborne unit,
or served as jumpmaster on one or more combat jumps, or served as
jumpmaster on 15 noncombat jumps.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army of Occupation Medal is awarded for service of 30
consecutive days at a normal post of duty in a qualifying location.
Qualifying service in Japan included service in the Japanese home islands,
the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945
and 27 April 1952.

15.  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 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.  To
apply, veterans must provide a copy of their discharge paper to the Awards
and Decorations Section, Headquarters, Air Force Personnel Center, 550 C
Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  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.

DISCUSSION AND CONCLUSIONS:

1.  Item 28 of the applicant's DD Form 214 for the period ending 13 January
1955 already shows he was assigned to the 511th Airborne Infantry Regiment.
 No correction to this item is required.

2.  The instructions for completing item 31 of the DD Form 214 did not
require that the installation training course be completed during the
period covered by the DD Form 214 or during the current term of service.
No minimum course length was specified before a course could be entered in
item 31.  Therefore, it appears that it would be proper to correct item 31
of the applicant's DD Form  214 for the period ending 13 January 1955 to
show he completed the Airborne Course, a Transportability Course, and a
Leadership Course.

3.  The instructions for completing item 26 of the DD Form 214 were that
the total service outside the continental limits of the United States
during the current term of service would be entered.  The applicant states
he returned from Japan in 1949.  The available DD Form 214 covers his
service beginning with his reenlistment on 19 January 1950.  Even if his
records, which could verify his actual dates of service in Japan, were
available, any foreign service prior to       19 January 1950 would not
have been entered on his DD Form 214 for the period ending 13 January 1955.

4.  The certificates showing the applicant was at Camp Haugen, Japan when
he completed the Leadership Course and when he was promoted to corporal and
sergeant are accepted as sufficient evidence verifying he was assigned to
Japan for at least 30 days at a normal post of duty.  That would make him
eligible for award of the Army of Occupation Medal with Japan clasp;
however, the eligibility period was during his prior period of service.
The guidance for preparing the DD Form 214 was to enter decorations or
citations received during the period covered by the DD Form 214 in item 27.
 Nevertheless and as an exception to policy, it would be appropriate to add
this award to his DD Form 214.

5.  There is insufficient evidence on which to grant the applicant's
request for award of the Senior Parachutist Badge.  His company commander's
recommendation for approval of his application for the award has been
carefully considered.  However, part of the eligibility criteria was for
the individual's conduct and efficiency ratings to be rated as excellent or
higher.  The company commander failed to annotate his endorsement to
indicate the applicant's conduct and efficiency ratings.  His records are
not available to review, and it is noted that he had four days of lost time
during the period covered by the DD Form 214.

6.  While there is insufficient corroborating evidence on which to base
award of the Senior Parachutist Badge, the applicant met the eligibility
criteria for award of the basic Parachutist Badge.  That badge would
normally not have been entered on his DD Form 214 for the period ending 13
January 1955, since he met the eligibility criteria during his previous
period of service.  Considering the reason he would like airborne training
entered on his DD Form 214, however, it would be appropriate to add, as an
exception to policy, the Parachutist Badge to his DD Form 214 for the
period ending 13 January 1955.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mdm___  __kah___  __rd____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that DD Form 214 for the period
ending 13 January 1955 of the individual concerned be corrected by

     a.  adding the Airborne Course, Transportability Course, and
Leadership Course to item 31; and

     b.  adding the Army of Occupation Medal with Japan clasp and the
Parachutist Badge to item 27.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending item 28 of his DD Form 214 for the period ending 13 January 1955
to show he was assigned to the 511th Airborne Infantry Regiment; amending
item 24 to include his service in Japan; and to awarding him the Senior
Parachutist Badge.




            __Mark D. Manning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000068                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |107.012                                 |
|3.                      |100.00                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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