RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2008
	DOCKET NUMBER:  AR20070018828 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst


The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Jeanette R. McCants

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 reconsideration of his earlier request to correct item     8 (Reason and Authority for Separation) of the DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending   23 February 1951 of his deceased brother, a former service member (FSM), to show he was discharged from an enlisted status to accept a battlefield commission.  As a new issue, he requests that “Battlefield Award” (in effect, the Silver Star) be added to item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for the period ending 23 February 1951.

2.  The applicant states that new evidence (a letter from Colonel N___) indicates that a special order should have been cut presenting his brother with a battlefield commission award due to the fact that Colonel N___, his commanding officer, rewarded his brother for his outstanding performance on the battlefield.  

3.  The applicant provides the FSM’s DD Form 214 for the period ending            23 February 1951; a letter, dated 22 April 2007, from Colonel N___; the FSM’s Honorable Discharge Certificate, dated 23 February 1951; the FSM’s appointment certificate; the FSM’s Silver Star orders; and a letter, dated 3 May 1954, with a 1st endorsement.

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 AR20070002950 on 30 August 2007.

2.  The FSM enlisted in the Regular Army on 6 January 1941.  He arrived in Korea on 16 September 1950.  On 23 February 1951, he was honorably discharged to accept a commission.

3.  Item 8 of the FSM’s DD Form 214 for the period ending 23 February 1951 contains the entry, “Hon Disch C of G to accept comm AUS (AR615-365)” (Honorable Discharge for the Convenience of the Government to accept a commission in the Army of the United States under the provisions of Army Regulation 615-365).  Item 27 shows he was awarded the Army of Occupation Medal with Japan clasp and the Purple Heart.

4.  On 24 February 1951, the FSM was appointed a second lieutenant and entered active duty.  His appointment letter, dated 23 February 1951, is on file.  It does not identify the source of his commission.  His appointment/commission packet/recommendation is not filed in his records.

5.  Headquarters, 7th Infantry Division General Orders Number 93, dated 5 April 1951, awarded the FSM the Silver Star for gallantry in action from 27 to               30 November 1950.

6.  The FSM departed Korea on or about 13 October 1951 after being credited with participation in five campaigns.

7.  In a letter, dated 3 May 1954, from the 264th Field Artillery Battalion to The Adjutant General requesting the FSM’s DD Form 214, the battalion’s assistant adjutant stated, “(the FSM) was discharged as a Master Sergeant on                 23 February 1951 to accept a battlefield commission as a 2d Lieutenant.”

8.  The applicant provided a letter from Colonel N___, retired, who was the FSM’s battery commander in Korea.  Colonel N___ stated he assumed command of the battery on 25 December 1950.  The FSM’s performance     under heavy combat conditions was so outstanding that in February 1951 he recommended the FSM for a battlefield commission.

9.  The FSM was released from active duty on 31 March 1961.  His DD Form  214 for the period ending 31 March 1961 shows he was awarded the Silver Star, the Bronze Star Medal with “V” device and with 1st Oak Leaf Cluster, the Purple Heart, the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with five bronze service stars, the World War II Victory Medal, the Army of Occupation Medal with Germany and Japan clasps, the Republic of Korea Presidential Unit Citation, the United Nations Service Medal “w/4 Stars,” the Korean Service Medal with five bronze service stars, and the National Defense Service Medal.

10.  The FSM enlisted in the Regular Army on 1 April 1961.  He was released from active duty on 30 September 1961 for the purpose of retirement.  His DD Form 214 for the period ending 30 September 1961 shows he was awarded no awards or decorations.  He was placed on the retired list on 1 October 1961 in the rank of Major, O-4.

11.  In addition to the awards listed on the FSM’s DD Forms 214, his WD AGO Form 24A (Service Record) shows he was awarded the American Defense Medal and the American Campaign Medal.

12.  Army Regulation 615-365 (Enlisted Personnel, Discharge Convenience of the Government), in effect at the time, provided in pertinent part that the Secretary of the Army delegated to specified commanders the authority to order the release from active duty or discharge of enlisted personnel for the convenience of the government to accept commission or appointment as an officer or warrant officer in any of the Armed Forces of the Untied States.  This regulation did not identify sources of commissions or appointments.

13.  Special Regulation 615-360-1 (Enlisted Personnel, Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided detailed instructions for the preparation of the DD Form 214.  The instructions for completing item 8 included a list of reasons and authorities for separation.  Item 8i stated, “ ‘Convenience of the Government, AR 615-365, item 38.’  (In Item 38, enter the appropriate one of the following causes:  to accept commission in any of the Armed Forces of the United States (Army, Navy, Air Force, Marine Corps, or Coast Guard….)”  Item 38 was the Remarks section.

14.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal 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.  The service prescribed must have been performed as follows:  

(1) while on permanent assignment;

(2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

(3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

15.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal and the Korean Service Medal.  One silver service star is worn in lieu of five bronze service stars.

16.  Army Regulation 600-8-2 states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995,  both dates inclusive; and between 11 September 2001 and to a date to be determined.  A bronze service star will be worn to signify receipt of a second or subsequent award.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s word that his brother received a battlefield commission is not doubted.  Colonel N___’s letter and the 3 May 1954 letter from the 264th Field Artillery Battalion substantiate his contention.  

2.  However, the governing regulation did not provide for entering the source of a commission on the DD Form 214.  While there is a minor error on the FSM’s DD Form 214 for the period ending 23 February 1951 (the reason for his separation, to accept a commission in the Army of the United States, should have been entered in item 38 and not squeezed into item 8) the fact that the source of his commission is not listed is not an error.  There is no other document in the FSM’s records that identifies the source of his commission that could be given to the applicant.

3.  Regrettably, there is no basis that would warrant granting the applicant’s request to correct item 8 of the FSM’s DD Form 214 for the period ending         23 February 1951.  

4.  The applicant requested that the Silver Star be added to the FSM’s DD Form 214 for the period ending 23 February 1951.  

5.  The DD Form 214 is meant to be a synopsis of the Soldier’s most recent period of continuous active duty and to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

6.  It is acknowledged that the action that led to the FSM being awarded the Silver Star occurred in November 1950, during the period covered by his DD Form 214 for the period ending 23 February 1951.  However, the Silver Star was not awarded until general orders were issued in April 1951.  Therefore, his Silver Star is properly listed on the FSM’s DD Form 214 for the period ending 31 March 1961.

7.  Nevertheless, it would be convenient for one DD Form 214 to list all of the FSM’s awards and decorations.

8.  In addition to the awards listed on the FSM’s DD Forms 214, his WD AGO Form 24A shows he was awarded the American Defense Medal and the American Campaign Medal.  The FSM met the eligibility criteria for a second award of the National Defense Service Medal and for award of the Republic of Korea War Service Medal.  He is authorized to wear one silver service star on his European-African-Middle Eastern Campaign Medal and on his Korean Service Medal instead of the five bronze service stars now shown on his DD Form 214 for the period ending 31 March 1961.

9.  For the sake of clarity and convenience, it would be appropriate, as an exception to policy, to add all of the FSM’s awards and decorations to his last DD Form 214, for the period ending 30 September 1961.

10.  It is noted that the FSM’s DD Form 214 for the period ending 31 March 1961 shows he was awarded the United Nations Service Medal “w/4 Stars.”  Neither bronze service stars nor any other device is authorized for wear on the United Nations Service Medal.  However, since to amend this entry would be to “worsen” the FSM’s records, it should not be changed.

11.  Evidence shows that the FSM’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the FSM’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jtm___  __lmd___  __jrm___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  As regards the applicant’s request to correct item 8 of the FSM’s DD Form 214 for the period ending 23 February 1951 to show he was discharged from an enlisted status to accept a battlefield commission, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070002950 dated 30 August 2007.

2.  As regards the applicant's request to add the Silver Star to item 27 of the FSM’s DD Form 214 for the period ending 23 February 1951, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

3.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending his DD Form 214 for the period ending 30 September 1961 to add the Silver Star, the Bronze Star Medal with “V” device and with 1st Oak Leaf Cluster, the Purple Heart, the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with one silver service star, the World War II Victory Medal, the Army of Occupation Medal with Germany and Japan clasps, the Republic of Korea Presidential Unit Citation, the United Nations Service Medal “w/4 Stars,” the Korean Service Medal with one silver service star, two awards of the National Defense Service Medal, the American Defense Medal, the American Campaign Medal, and the Republic of Korea War Service Medal.




__John T. Meixell_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.