BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002458 


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 reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show in:

* item 10 (Date of Birth (DOB)) – 1 December 1931
* item 17 (Means of Entry Other than by Induction) – voluntary extension, 1 year, July 1950
* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* Korean Service Medal with one silver service star
* Army of Occupation Medal with Japan Clasp
* American Defense Service Medal

2.  As a new issue, the applicant requests correction of the hospital admission cards created by the Department of the Army Office of the Surgeon General (OTSG) for the year 1950 that show he was admitted to the hospital on 24 September 1950 and he was diagnosed with "fracture, compound, comminuted, with nerve involvement," the causative agent is shown as "bullet, small arms, machine gun," and he was transferred to "William Beaumont Army Hospital" for "orthopedic surgery"; and replace the entries with "treated by medical personnel in a field hospital on 31 August 1950" for "head injuries, head trauma, concussion, and deviated septum," the causative agents were "grenades/mortar explosion," he was "treated and returned to duty after treatment," and he had "corrective surgery to reconstruct the deviated septum to open and provide normal breathing passages at Henry Ford Hospital, Detroit, MI after leaving the service."

3.  The applicant states:

* he had a 1-year voluntary extension in July 1950 at Schofield Barracks, HI
* he enlisted for 3 years, but he completed 4 years, 6 months, and 19 days of active service
* his DD Form 214 omitted his voluntary reenlistment for 1 year which was rescinded for disarmament purposes
* after completion of basic training, he sailed from California to Yokohama, Japan, to drop off replacement occupation troops
* he then sailed to Korea where he served near Taegu and in December 1948 he was transferred near Seoul 
* the "Korean Campaign Ribbon" was awarded to him with three bronze service stars, but he also participated in a fourth campaign in December 1950 and a fifth campaign during the Spring Offensive
* it would have been difficult to be in Korea in 1950 and 1951 and not participate in the five remaining campaigns
* he served with the 5th Regimental Combat Team during all of these actions

4.  The applicant provides another individual's DD Form 214.

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 AR20100011685 on 7 October 2010.

2.  The applicant provides another individual's DD Form 214 as well as a new argument which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's complete 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.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army for 3 years on 22 December 1947.  His DD Form 4 (Enlistment Record) and DD Form 398 (Statement of Personal History) which would have listed his DOB are not available for review with this case.

5.  His DD Form 214 further shows he held military occupational specialty 3583 (Stock Clerk) at the time of his separation and his most significant duty assignment (i.e., last duty assignment) was with Company C, 115th Engineer Battalion, Fort McCoy, WI.

6.  His DD Form 214 further shows he completed 4 years, 6 months, and 19 days of creditable active military service of which 3 years and 27 days were foreign service.  The exact location of his foreign service is unknown.

7.  He was honorably discharged from active duty on 10 July 1952 in accordance with Army Regulation 615-365 (Enlisted Personnel – Discharge – Convenience of Government) for the convenience of the government upon demobilization.  His DD Form 214 shows the following entries:

* item 10 – 9 June 1930
* item 17 – involuntary extension 1 year, Public Law 51, 82nd Congress
* item 27 – Korean Service Medal with bronze campaign star, United Nations Service Medal, and Combat Infantryman Badge

8.  Information obtained from the hospital admission cards created by the Department of the Army OTSG between 1942-1945 and 1950-1954 for the year 1950 shows he was diagnosed with a "fracture, compound, comminuted, with nerve involvement."  His injury was the direct result of action against or by an organized enemy.  The causative agent is shown as "bullet, small arms, machine gun."  He was transferred to William Beaumont Army Hospital for orthopedic surgery.

9.  On 7 October 2010, the Board granted him partial relief with respect to award of the Purple Heart and correction of his records to show this award as well as the Army Good Conduct Medal, National Defense Service Medal, and Republic of Korea Presidential Unit Citation.  However, the Board determined there was insufficient evidence to support his contention with respect to the:

* DOB – 1 December 1931
* 1-year voluntary extension in July 1950
* Army of Occupation Medal with Japan Clasp
* American Defense Service Medal
* silver service star to be affixed to his already-awarded Korean Service Medal

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army of Occupation Medal with Japan Clasp is awarded for 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.

	b.  A bronze service star is authorized based on qualifying service for each campaign listed in appendix B and will be worn on the appropriate service medal, including the Korea Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

	c.  The American Defense Service Medal is awarded for service within the American theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

13.  The OTSG files, a health record research project, involved transposing the hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. 
The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not produce any new evidence with respect to the issues he contends.  He simply restated his contention in the form of a new argument and provided a DD Form 214 that belongs to another individual.

2.  With respect to the DOB:

	a.  The applicant's enlistment record is not available for review with this case. It is unclear what DOB he presented upon his enlistment.  However, his duly-constituted DD Form 214 shows his DOB as 9 June 1930.  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 changing his DOB in this case.

	b.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the DOB under which he served.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant now desires to record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  With respect to his extension on active duty, the applicant's DD Form 214 shows he was involuntarily extended for 1 year, possibly due to the Korean War.  In the absence of evidence to the contrary, it must be presumed this entry is correct.  The applicant did not provide any evidence to change it.

4.  With respect to bronze service stars, the applicant's DD Form 214 shows he completed 3 years and 27 days of foreign service.  However, it remains unclear where this foreign service was performed (Hawaii, Korea, Japan, etc.).  Without the exact dates of his service in Korea, it is impossible to determine his campaign participation credit and the appropriate bronze service stars.

5.  With respect to the Army of Occupation Medal with Japan Clasp, the applicant's sincerity is not in question.  However, there is no documentary evidence of his service in Japan or the period of this service.

6.  With respect to the American Defense Service Medal, the applicant did not serve a qualifying period for this award.

7.  With respect to correction of the OTSG records, again, the applicant did not provide medical documents, casualty reports, morning reports, or treatment records to corroborate his contentions.  His sincerity again is not in question.  However, in the absence of evidence to the contrary, it must be presumed that the entries regarding his injuries are correct and require no change.

8.  As previously stated, the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release or discharge.  A change to this document requires supporting evidence that justifies the change.  The applicant did not provide such evidence.  In the absence of documentary evidence such as reassignment orders, memoranda, temporary duty station orders, pay vouchers, operation orders, or other official documents, none of his issues can be corroborated.  Therefore, there is insufficient evidence to grant him relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100011685 on 7 October 2010.



      __________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)                                         AR20110002458



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ABCMR Record of Proceedings (cont)                                         AR20110002458



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