BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20100000056 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as follows:

* Item 1 (Last Name, First Name, Middle Initial) to add the letter "W"
* Item 19 (Date and Place of Entry Into Active Service) to show Farmville, NC, instead of Fayetteville, NC
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to add the Good Conduct Medal, the Marksmanship Qualification Badge with Carbine Bar, and the Korean Service Medal with four bronze service stars
* Item 28 (Most Significant Duty Assignment) to show Headquarters Company, 159th Field Artillery Battalion, 25th Infantry Division
* Item 30 (Service Schools or Colleges) to add the Fire Direction Control Course from 1949 to 1950; Hobby Crafts Training in 1950; and Chemical Warfare Training in 1950
* Item 46 (Non-Service Education) to show completion of a one-year degree in Mortuary Science

2.  The applicant also requests a personal hearing if warranted by the Board.

3.  The applicant states inadequate recording of personal data, achievements, military schooling, training, and duty performance were not reported by his superior leaders.


4.  The applicant provides the following documents:

* A copy of his DD Form 214, dated 19 June 1952
* A copy of a diploma, dated 25 June 1948, from the Gupton-Jones College of Mortuary Science, Nashville, TN
* Several photographs of various military individuals
* A copy of his separation orders, dated 29 May 1951
* A statement, dated 25 July 2009, from a former unit member (Sergeant First Class (SFC)) H-----
* A copy of SFC H------' DD Form 214, dated 22 May 1953
* A copy of orders awarding SFC H------ the Purple Heart

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years and entered active duty in Fayetteville, NC, on 15 September 1948.  A copy of his enlistment contract which would have listed the name he used upon his enlistment as well as the place of his enlistment and/or entry on active duty is not available for review with this case.  

4.  His DD Form 214 further shows that at the time of his separation, he held military occupational specialty 2704 (Fire Direction Chief).  He completed 3 years, 9 months, and 4 days of creditable military service with no lost time, of which 2 years, 3 months, and 8 days was foreign service. 
5.  He was honorably discharged on 19 June 1952, in the rank of corporal, E-4, and he was issued an Honorable Discharge Certificate.  His DD Form 214 shows the following entries:

* Item 1 shows his first and last names; it does not show his middle initial
* Item 19 shows Fayetteville, NC, as the place of entry on active duty
* Item 27 shows the Army of Occupation Medal (Japan), Korea Service Medal with 3 bronze service stars, one overseas service bar, and United Nations Service Medal
* Item 28 shows his most significant duty assignment was with Headquarters Company, 3rd Battalion, 3rd Armored Cavalry Regiment
* Item 30 shows he satisfactorily completed the clerk typist course at the Infantry School, Fort Dix, NJ, from 22 November 1948 to 15 January 1949
* Item 46 shows he completed 4 years of vocational education and he had no college degree

6.  He submitted the following documents:

	a.  A copy of SFC H-----'s DD Form 214 for the period from 20 May 1950 to 22 May 1953; a copy of orders awarding him the Purple Heart, and a statement, dated 25 July 2009, wherein he states that he served with Headquarters Battery, 159th Field Artillery Battalion, from December 1946 to January 1951.  He queried the applicant about his assignment to this unit and they both remember the first sergeant's and battery commander's names and he recognizes some of the members photographed.  He remembers his battalion and the 27th Regiment were assembled in Mason, Korea, when they broke out to join that regiment in Chin Chon in preparation for the Inchon Offensive.  He was then wounded on 22 September 1950.  Based on his questions to the applicant, he vouches that the applicant served with him during the Japan occupation and served in the Battalion Direction Center with the 1st Battalion, 24th Infantry Regiment, 25th Infantry Division.  He concludes that he did not return to combat with the 159th Field Artillery after he was discharged from the hospital in November 1950.  

	b.  A copy of his reassignment orders, dated 29 May 1951, listing his MOS as 3290 (Personnel Management Specialist) and his separation date as September 1951.

	c.  A copy of a diploma, dated 25 June 1948, from the Gupton-Jones College of Mortuary Science, Nashville, TN.  The diploma states he completed the full and regular course of instruction and graduated on 25 June 1948.

	d.  Photographs of various military members.

7.  The applicant’s reconstructed records do not contain orders awarding him the Good Conduct Medal.  His DA Form 24 (Service Record) which would have listed his conduct and efficiency ratings throughout his military service is not available for review with this case.

8.  Army Regulation 600-65 (Service Medals), in effect at the time, provided in pertinent part policy and criteria concerning the Army Good Conduct Medal.  It stated that the Army Good Conduct Medal was awarded for a period of 3 continuous years completed subsequent to 26 August 1940, except that an award may be made for the completion of a period of one continuous year between 7 December 1941 and 2 March 1946, both dates inclusive.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for the award and until the approval authority announced the award in General Orders.

9.  Army Regulation 600-8-22 (Military Awards) states the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman.  At the time of the applicant's service, award of marksmanship badges was announced in orders.  

10.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version of the regulation in effect at the time states:

* Item 1 shows the last name, first name, and the spelled out full middle name
* Item 19 shows the date of entry on current tour of active duty and the name of the military installation where current tour began
* Item 30, obtained from the DA Form 24, shows military-sponsored courses such as specialized training courses 
* Item 46, obtained from the DA Form 24, shows the non-service education level completed during the period covered by the DD Form 214, year of completion, college degrees awarded, and major course or field of study

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 contains several administrative errors and should be corrected.

2.  With respect to his name, the applicant’s reconstructed record is void of the facts and circumstances surrounding his enlistment/entry on active duty and/or his military service.  It is unclear if he listed his middle initial upon his enlistment.  Nevertheless, the Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for adding a middle initial to his name in this case.  

3.  With respect to his place of enlistment, again, his enlistment contract is not available for review with this case.  However, generally speaking, an individual enlists at a recruiting battalion.  It appears that the applicant in this case enlisted and entered active duty at Fayetteville, NC, which is properly shown on his DD Form 214.  In the absence of evidence to the contrary, it must be presumed this entry is correct. 

4.  With respect to his awards and decorations:

	a.  With respect to the Korea Service Medal, the applicant’s service in Korea is not in question.  Additionally, his sincerity in participating in various campaigns during his service in Korea is also not in question.  His DD Form 214 shows he completed 2 years, 3 months, and 8 days of foreign service.  However, it is unclear if he completed his entire period of foreign service in Korea.  His entitlement to bronze service stars depends on the dates of his assignment to the unit that was awarded campaign credit.  Regrettably, in the absence of further documentary evidence that shows the exact dates of his service in Korea as well as the exact unit or units of assignment and dates of assignment to those units, it must be presumed he participated in 3 campaigns and received the Korean Service Medal with 3 bronze service stars. There is insufficient evidence to determine his entitlement to an additional bronze service star. 

	b.  With respect to the Good Conduct Medal, his honorable service to our Nation is not in question.  Although his reconstructed record is void of any recommendation for and/or order that shows he was recommended for or awarded the Good Conduct Medal, he was honorably separated in the rank of corporal and had no lost time.  Any reasonable doubt concerning his eligibility for award of the Good Conduct Medal should be resolved in his favor.

	c.  With respect to the Marksmanship Qualification Badge with Carbine Bar, there are no available orders, letters, rosters, or other forms that show he qualified as a marksman, sharpshooter, or expert with the carbine.  Therefore, there is insufficient evidence upon which to grant him the requested relief.

5.  With respect to his military education, the applicant's completion of the courses he listed is noted; however, he did not provide any certificates of training, certificates of completion, memorandums, disposition forms, endorsements, or any corroborating evidence that shows he completed the requested courses.  

6.  With respect to his most significant duty assignment, his reconstructed records do not contain assignment or reassignment orders to the requested unit (159th Field Artillery).  The term "most significant duty assignment" means the duty which required the greatest demonstration of the Soldier's specialty for officers and last assignment for enlisted Soldiers.  The applicant in this case did not provide evidence that shows he was assigned to the 159th Field Artillery Regiment at the time he separated.  In the absence of evidence to the contrary, it is presumed the entry regarding his unit of assignment on his DD Form 214 is correct.

7.  With respect to his diploma from Gupton-Jones College of Mortuary Science, Nashville, TN; his successful completion of this education is noted.  However, this was completed prior to his entry on active duty and neither shows the degree level that was awarded nor does it show the duration of this education.  

8.  The applicant and the former unit member's memoirs and sincerity are noted. However, there is no documentary evidence in the applicant's reconstructed records that supports what SFC H----- stated.  Almost 56 years have passed since their discharge from the Army.  In the absence of additional documentary evidence such as his DA Form 24, assignment or reassignment orders, individual awards or decorations, that supports SFC H-----' statement, there is no basis for granting the applicant's request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by awarding him the Good Conduct Medal (1st award) for the period 15 September 1948 through 14 September 1951 and adding it to his DD Form 214.

2.  The Board further determined 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 his DD Form 214, Item 1 to add the letter "W"; Item 19 to show Farmville, NC, instead of Fayetteville, NC; Item 27 to add the Marksmanship Qualification Badge with Carbine Bar and the Korean Service Medal with four bronze service stars; Item 28 to show Headquarters Company, 159th Field Artillery Battalion, 25th Infantry Division; Item 30 to add the Fire Direction Control Course from 1949 to 1950, Hobby Crafts Training in 1950, and Chemical Warfare Training in 1950; or Item 46 to show completion of a one-year degree in Mortuary Science.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.




      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100000056



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ABCMR Record of Proceedings (cont)                                         AR20100000056



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