BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140018223 


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:

The applicant requests a personal hearing and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as indicated by counsel. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 as follows: 

* Item 3 (Grade-Rate-Rank and Date of Appointment) to show staff sergeant (SSG)/E-6 vice sergeant (SGT)/E-5 on 24 April 1954
* Item 5 (Qualification) (Specialty Number and Symbol) to show military occupational specialty (MOS) 1502 (Administrative Noncommissioned Officer (NCO)), and (Related Civilian Occupation and Dictionary Occupational Titles (DOT) Number) to show the appropriate entry
* Item 17 ((Means of Entry) to show he was drafted
* Item 23 (Other Service (Completed for Pay Purposes) to show his post active duty U.S. Army Reserve (USAR) service
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the: 

* Korean Service Medal with one bronze service star
* United Nations Service Medal with an appropriate device
* National Defense Service Medal with an appropriate device
* Combat Infantryman Badge with appropriate bronze service star 
* Presidential Unit Citation or Meritorious Unit Commendation
* Korean Presidential Unit Citation with appropriate bronze service star
* Republic of Korea Korean Service Ribbon with appropriate bronze service star
* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal with appropriate bronze service star
* Three awards of the Purple Heart
* Korea Defense Service Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Overseas Service Bars
* Wound Chevron bars
* Campaign participation credit
* Korean War Commemorative Medal
* Holy Medal of Saint Maurice
* Cold War Medal

* Item, 28 (Most Significant Duty Assignment) to show Headquarters and Headquarters Division, Headquarters Company, Far East Command, Signal Service Battalion, Army Unit 8235, Tokyo, Japan
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) to show he was wounded in Korea, on 22 July 1953 
* Item 21 (Service Training Courses Successfully Completed) to show all service training courses completed, specifically the Light Infantryman Course, Leadership School, Expert Flame Thrower and Handling and Use of Napalm, and NCO Academy Graduate 
* Item 38 (Remarks) to reflect he lost approximately 60 days of service due to hospitalization 
* Item 40 (Benefits Previously Applied For) (Compensation, Pension, Insurance Benefits, Etc) to show Certificate for Wounds and Disability  
* Item 42 (Main Civilian Occupation) to show Olympic and Professional Figure Ice Skater 
* Item 46 (Non-Service Education) to show he completed some High School 

2.  Counsel states 

* an NCO could be promoted to the next grade if occupying a position commensurate with the higher grade
* he was last employed by Signal Service Battalion in Tokyo, Japan, on 8 July 1954 and held an Administrative NCO specialty; his last unit of assignment should be 8235th Army Unit, not 8236th Army Unit 
* the correct method of entry on active duty data should be shown as drafted
* he completed 2 years of active service and 6 years of USAR service; he was honorably discharged in 1962
* he participated in one campaign while assigned to the 23rd Infantry Regiment and he then moved to the Far East Command, Signal Service Battalion
* he was awarded the Combat Infantryman Badge and based on that award he should be awarded the Bronze Star Medal
* in the alternate, he should receive the Meritorious Service Medal or the Army Commendation Medal or the Army Achievement Medal
* he suffered three wounds (left shoulder, right arm, and/or concussion) which should entitle him to three awards of the Purple Heart
* he served for 2 years of which 1 year and 6 months was foreign service; this entitles him to four overseas service bars
* a Wound Chevron is awarded for each wound a veteran suffers; in the applicant's case at least six chevrons
* he competed several training courses that are not listed on his DD Form 214 
* he was hospitalized from 24 July to 29 September 1953; item 38 of his 
DD Form 214 should reflect this fact
* he received a Certificate of Wounds and Disability and this entry should be reflected in item 40

3.  Counsel provides:

* DD Form 214
* Letter, dated 28 March 1974, from the Veterans Administration (VA)
* Order to Report for an Armed Forces Physical Examination
* Certificate of Acceptability
* Letter, dated 7 April 1952, from the U.S. Marine Corps 
* Order to Report for Induction
* Letter, dated 8 August 1952, from Fort Indiantown Gap, PA
* 5th Infantry Division Certificate of Graduation
* Special Orders (SO) Number 43, dated 20 February 1953
* Attendance at 2nd Infantry Division NCO Academy
* 2nd Infantry Division Certificate of Accomplishment
* SO Number 49, dated 20 June 1953
* Certificate of completion of Flame Thrower
* SO Number 27, dated 28 June 1953, promotion to E-3
* Independence Day Message, dated 4 July 1953
* SO Number 29, dated 10 July 1953, promotion to E-4
* Western Union Telegram, dated July 1953
* General Orders (GO) Number 48, awarding of the Purple Heart
* SO Number 165, dated 9 October 1953, separation
* Letter, dated 22 October 1953, from him to his former commanding officer
* DA Form 873 (Certificate of Clearance)
* Certificate of wound, dated 26 February 1954
* Certificate Regarding Restrictions on Disclosure of Military Information 
* SO Number 75, dated 24 April 1954, promotion to E-5 
* Classification memorandum Number 11, dated 10 May 1954, awarding him "Potential" MOS 1502
* Retainability Roster, dated 3 June 1954
* SO Number 106, dated 7 June 1954, separation
* Separation Processing Instructions
* Owner's Customs Declaration
* Declaration Certificate Regarding Classified Documents
* DA Form 137 (Installation Clearance Certificate)
* SO Number 157, dated 6 July 1954, transfer to the USAR
* SO Number 182, dated 1 July 1954, transfer to the continental United States (CONUS)
* Letter, dated 30 July 1954
* Reserve Obligation Letter
* SO Number 108, dated 23 August 1958, transfer between units
* Letter Orders Number ER 6-1, dated 30 June 1960, discharging him from the USAR
* Honorable Discharge Certificate
* Newspaper clips 

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, the applicant and his counsel provided sufficient documents in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available records show he was ordered to report to the Local Board in Stamford, CT on 21 July 1952, for induction into the Army of the United States (AUS).  He was inducted into the AUS and entered active duty in New Haven, CT, on this date. 

4.  His DA Form 24 (Service Record) and/or DA Form 20 (Enlisted Qualification Record) which would have shown his MOS, training, promotions, overseas service, and chronological record of assignments are not available for review with this case.  It appears he was assigned to Indiantown Gap, PA, for training and held MOS 1745 (Light Weapons Infantryman).  His exact dates of MOS training are unknown. 

5.  On 20 February 1953, Headquarters, 5th Infantry Division, Indiantown Gap, PA, published SO Number 43 reassigning him from Headquarters and Service Company, 7th Engineer Combat Battalion, 5th Infantry Division, to Fort Lewis, WA.  His MOS is listed as 1745.  Additionally, he had completed the 5th Infantry Division Leader Course on 5 February 1953. 

6.  Following his arrival at Fort Lewis, the applicant appears to have been reassigned to Korea.  On 23 May 1953, Headquarters, 2nd Infantry Division, selected him to attend the 2nd Infantry Division NCO Academy.  He completed the 4-week course and he was issued a certificate of accomplishment. 

7.  On 20 June 1953, 2nd Infantry Division NCO Academy published SO Number 49 confirming his successful completion of the NCO Academy.  His unit of assignment is listed as Company E, 23rd Infantry Regiment. 

8.  Also on 20 June 1953, 2nd Infantry Division NCO Academy issued a certificate confirming the applicant's successful completion of 8 hours of instruction, Flame Thrower, 2nd Infantry Division NCO Academy. 

9.  On 28 June 1953, Headquarters, 23rd Infantry Regiment, published SO Number 27 advancing him to the temporary (T) rank/grade of private first class (PFC)/E-3. 

10.  On 10 July 1953, Headquarters, 23rd Infantry Regiment, published SO Number 29 advancing him to the rank/grade of corporal (CPL)/E-4 (T). 

11.  He was wounded in action in Korea on 22 July 1953.  He sustained a flesh wound to right lower arm and left shoulder by artillery fire when his position was attacked by enemy forces.  He was hospitalized from 24 July 1953 to on or about 29 September 1953 at the 382nd General Hospital, Kanoaka, Japan.

12.  GO Number 48, issued by Headquarters, 382nd General Hospital on 27 July 1953 awarded him the Purple Heart for wounds received in action on 22 July 1953.

13.  On 6 October 1953, he reported to Headquarters Company, Camp Drake Replacement Deport, Japan, a joint Army/Air Force Base in Saitama, Japan, by authority of SO Number 269, issued by Headquarters, Camp Drake.

14.  On 9 October 1953, Headquarters, Far East Command, Signal Service Battalion, 8235th Army Unit, published SO Number 165, reassigning him to Headquarters Company with duty at the Administrative Division, in MOS 4405 (Clerk Typist/Correspondence Clerk). 

15.  On 19 November 1953, he was issued an Interim Secret Clearance by the unit S-2, Far East Command, Signal Service Battalion, 8235th Unit. 

16.  On 25 February 1954, Headquarters, 382nd General Hospital issued a Certificate confirming he was hospitalized from 24 July 1953 to 29 September 1953 for a wound that occurred in Korea. 

17.  On 25 March 1954, He was awarded a Secret security clearance with the unit G-2, Army Forces, Far East Command. 

18.  On 24 April 1954, Headquarters, Far East Command, Signal Service Battalion, 8235th Army Unit, published SO Number 75, promoting several individuals including the applicant to the temporary rank/grade of SGT/E-5 effective 24 April 1954. 

19.  On 10 May 1954, Headquarters, Far East Command, Signal Service Battalion, 8235th Army Unit, published SO Number 115, awarding him "Potential" MOS 1502, effective 24 April 1954. 
20.  On 3 June 1954, Headquarters, Far East Command, Signal Service Battalion, 8235th Army Unit, published a Retainability Roster ordering certain officers and enlisted members, depending on their separation dates, retained on active duty beyond their separation date. 

21.  On 7 June 1954, Headquarters, Far East Command, Signal Service Battalion, 8235th Army Unit, published SO Number 106, transferring multiple Soldiers, including the applicant, from Camp Drake, 8042nd Army Unit, for onward movement to CONUS for separation.  His unit is listed as Headquarters Company. 

22.  On 15 June 1954, the applicant signed a custom's declaration in regard to shipment of personal or household effects from Japan to CONUS.  He listed and the Declaration Certificate listed his unit as Headquarters Company, 8235th Army Unit, Far East Command, Signal Service Battalion.   

23.  He was issued an Installation Clearance Certificate (DA Form 137) that confirms his unit (Headquarters Company, 8235th Army Unit) and that he out-processed the unit.  His conduct and efficiency ratings are listed as "excellent" (for the section; the entry for the Company is left blank) and his rank is listed as SGT/E-5. 

24.  On 1 July 1954, Headquarters, Personnel Center, Camp Stoneman, CA, published SO Number 182, naming the applicant as an overseas returnee, due to arrive in CONUS, and transferring him in the rank of SGT to the Transfer Station, 1264th Personnel Center, Camp Kilmer, NJ, for separation.  

25.  On 6 July 1954, Headquarters, 1264th Personnel Center, Camp Kilmer, NJ, published SO Number 157, releasing him from active duty effective 8 July 1954 and transferring him to the USAR to complete his remaining service obligations.  His MOS is listed as 1502.  

26.  On 8 July 1954, he was honorably released from active duty and he was transferred to the USAR to complete his remaining service obligations.  He completed 1 year, 11 months, and 18 days of creditable active service with no lost time.  His DD Form 214 shows in: 

* Item 3, SGT(T), 24 April 1954
* Item 4 (Component and Branch or Class), AUS Signal
* Item 5, the entries NA
* Item 17, the entry NA to indicate he did not enlist or reenlist and he was neither commissioned nor called from inactive duty 
* Item 22 (Net Service Completed for Pay Purposes), 1 year, 11 months, and 18 days
* Item 23, the entry "0-0-0" indicating no other service 
* Item 24 (Total Net Service Completed for Pay Purposes) the entry 1 year, 11 months, and 18 days
* Item 27, the Korean Service Medal, United Nations Service Medal, National Defense Service Medal, Combat Infantryman Badge (by authority of SO Number 154, issued by Headquarters, 23rd Infantry Regiment, on 8 July 1953)
* Item, 28, 1502 Records Specialist, Signal Service Battalion, 8236th Army Unit 
* Item 29, the entry None, indicating no wounds as a result of enemy action 
* Item 30 (Service Schools or Colleges, College Training Courses and/or Post Graduate Courses Successfully Completed), the entry None
* Item 31, the entry None, indicating no service training courses were completed
* Item 38, the entries "Released from active military service and transferred to the Army Reserve to complete 8 years of service" and entries pertaining to his muster pay, blood group, and lost time
* Item 40, the entry None
* Item 42, the entry Skater, 0-57.160
* Item 46, he completed 8 years of grammar school, 0 years of high school, and 0 years of college

27.  On 30 July 1954, the U.S. Army Recruiting Station, Stamford, CT, communicated with him regarding reenlistment.

28.  Also following his release from active duty, Headquarters, Connecticut Military District informed him of his remaining service obligation and the options to complete such obligation.  

29.  On 23 August 1958, Headquarters, XIII U.S. Army Corps (Reserve), Fort Devens, MA, published SO Number 108 reassigning him from one component of the USAR Control Group to another. 

30.  On 30 June 1960, Headquarters, XIII U.S. Army Corps, Fort Devens, published Letter Order Number ER 6-1 honorably discharging him from the USAR effective that date and issued him an Honorable Discharge Certificate. 

31.  Department of the Army Technical Manual (TM) 12-235 (Discharge Procedures and Preparation of Separation Forms), dated February 1948, 

provided guidance for the issuance of the WD AGO Form 53-55 (Enlisted Record and Report of Separations, Honorable Service).  However, in December 1949, the WD AGO Form 53 was renamed as the DD Form 214, effective 1 January 1950.  Special Regulations (SR) 135-175 superseded TM 12-235 and Army Regulation (AR) 635-5 (Personnel Separations), superseded SR 135-175 in 1952.  

32.  AR 635-5 establishes the uniform administrative procedures and separation forms to be used in conjunction with the relief from active duty or complete separation from military service of commissioned officers, warrant officers, and enlisted personnel.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is issued at the time of separation from active duty to each enlisted or officer person discharged, retired, or released from active duty.  The version of the regulation in effect at the time of the applicant's separation states: 

* Item 3, for enlisted personnel, enter the grade in which serving at the time of separation and indicate if temporary (T) or permanent (P) 
* Item 4, for enlisted personnel, enter component in which the grade in item 3 is held such as "RA" for Regular Army or "AUS" for Army of the United States
* Item 5, enter the MOS code number recorded in the DA Forms 24/20 and if the MOS code number entered has a related civilian occupation enter the job title and DOT if not, enter "None"
* Item 17, check enlisted/reenlisted, commissioned, or called from inactive duty; otherwise, enter NA
* Item 22, enter the total service completed between the inclusive dates (of entry and separation) less lost time
* Item 23, enter all prior service credited for basic pay 
* Item 24 enter the total of items 22 and 23
* Item 27, enter awards and decorations, omitting the authority
* Item 28, from the DA Forms 24/20, enter the unit representing the duty which required the enlisted Soldier's training and experience (more than 90 days)
* Item 29, enter chronologically, each wound received as a result of enemy action, show the place and date of action 
* Item 30, from the DA Form 24/20, enter military sponsored courses, completed in civilian schools and colleges during current tour of active duty; not all courses shown on the DA Form 24/20 represent service schools
* Item 31, enter other courses of study and education level tests if successfully completed, from the DA Forms 24/20
* Item 38 is used to complete entries too long for their respective blocks or for mandatory entries 
* Item 40, is furnished by the separate and is completed prior to release from active duty or to such applications as may have been made during the period of active duty, enter VA claim number 
* Item 42, enter the main civilian occupation, obtained from the DA Form 24 or Induction Record/Enlistment Record
* Item 46, enter the non-service education level at the time of separation, obtained from the DA Form 24/20

33.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  The Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

	b.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Only one award of the Korean Service Medal is authorized.  A bronze service star is authorized for each campaign when the member is assigned or attached to and present for duty with a unit during the period in which it participated in combat.  Between May 1953 and July 1953, one campaign was authorized (Korea Summer 1953, 1 May-27 July 1953).  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	c.  The Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities.  To date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in the following four qualifying periods. Subsequent awards of the Combat Infantryman Badge are not authorized for the same qualifying period: 

(1)  World War II (7 December 1941 to 3 September 1945).

		(2)  The Korean Conflict (27 June 1950 to 27 July 1953).

		(3)  The Republic of Vietnam Conflict.  Service in the Republic of Vietnam conflict (2 March 1961 to 28 March 1973) combined with qualifying service in Laos; Dominican Republic; Korea in the Demilitarized Zone; El Salvador; Grenada; Joint Security Area, Panmunjom, Korea; Panama; Southwest Asia Conflict; and Somalia, regardless of whether a Soldier has served one or multiple tours in any or all of these areas; the Republic of Vietnam Conflict Era officially terminated on 10 March 1995.

		(4) War on Terrorism (Afghanistan, Operation Enduring Freedom, and (Iraq, Operation Iraqi Freedom).  

	d.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	e.  The Bronze Star Medal may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947.  For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders.  

	f.  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 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  A second or third award of the National Defense Service Medal is authorized for Soldiers who served in one or more of the four time periods listed above. 

	g.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 23rd Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for service from 
19 September 1950 to 31 July 1953 by Department of the Army General Order Number 41, dated 1955.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.  DA pamphlet 672-1 does not show this unit was awarded the Meritorious Unit Commendation or the Presidential Unit Citation during the timeframe the applicant was assigned to this unit. 

	h.  The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	i.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	j.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	k.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

	l.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training 

before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	m.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	n.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations.

	o.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Soldiers must successfully complete one or more of the courses listed in paragraph k, below which are further described in DA Pamphlet 351–4, chapter 6.  Graduates of NCO Academy courses conducted prior to 1976 for the active Army, and 1980 for reserve components, will be given credit for the Primary Level only.  Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of NCO Education System successfully completed as follows: 1=Bar Ribbon Device=Primary Level; 2=Basic Level; 3=Advanced Level; and 4=Senior Level.

34.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Paragraph 4-9 of Army Regulation 600-8-22 states a clasp is authorized for wear on the Army Good Conduct Medal to denote second or subsequent awards. Clasps authorized for second and subsequent awards are in Table 4–1.  Table 
4-1 shows the following clasps authorized for second and subsequent award of the Good Conduct Medal:

* Award: 2nd		Clasps: Bronze, 2 loops
* Award: 3rd		Clasps: Bronze, 3 loops
* Award: 4th		Clasps: Bronze, 4 loops
* Award: 5th		Clasps: Bronze, 5 loops
* Award: 6th		Clasps: Silver, 1 loop
* Award: 7th		Clasps: Silver, 2 loops
* Award: 8th		Clasps: Silver, 3 loops
* Award: 9th		Clasps: Silver, 4 loops
* Award: 10th		Clasps: Silver, 5 loops
* Award: 11th		Clasps: Gold, 1 loop

35.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings with no convictions by a court-martial.

36.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award.

37.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

38.  SR 615-25-15 (Enlisted Personnel MOSs), dated November 1950, prescribed the MOS for enlisted Soldiers.  Every veteran who served in the United States Armed Forces during the Korean War was assigned an MOS or MOS number.  This was the Army's way of classifying military personnel in various jobs for payroll and other purposes.  An MOS is the term used to identify an area of military job activities covering either one duty assignment or a group of duty assignments which require similar abilities for the performance of their significant tasks, and which may be performed either in whole or in part by an individual who is qualified to perform the entire group of tasks.  An MOS is composed of a classification title, a numerical identification, and a job specification.  The numerical identification is known as the MOS code, formerly called specification serial number.  Duty assignments which basically involve the same kind of training, experience, techniques, and abilities, and the same relative degree of physical capability of enlisted personnel are classified together under a broad MOS.  A single duty assignment which is so specialized that grouping with another duty assignment is not possible is recognized as an individual MOS.  For example, General Clerk (4055) represents a broad classification and includes such duty assignments as mail delivery clerk, reports clerk, mimeograph operator, and file clerk, since they fall within the general area of skills, knowledge, and abilities which the MOS of General Clerk represents.  On the other hand, the duty of Legal Clerk (1279) represents a specialized duty assignment not susceptible to grouping.  An MOS classification represents or identifies a skill or group of related skills; it does not represent an individual's only skills nor does it indicate that an individual cannot learn other skills."

39.  Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The panel members may consider a case on the merits in executive session or may authorize a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's rank/grade, the evidence of record to include his DD Form 214 shows he held the rank/grade of SGT/E-5 at the time of separation from active duty on 8 July 1954.  Nothing in the available records supports his contention that he was recommended for or promoted to SSG/E-6 prior to separation from active duty.  In the absence of the promotion instrument (order) there is insufficient evidence to change the rank/grade shown on his 
DD Form 214 to show SSG/E-6. 

2.  With respect to his MOS:

	a.  The applicant appears to have been initially trained in and held MOS 1745, albeit the exact dates of training are unknown.  He served in Korea, initially in this MOS, but was wounded in action in July 1953.  He was transferred to a hospital and upon release from the hospital he was assigned to a unit in Japan in MOS 4405 on 9 October 1953 and awarded "Potential" MOS 1502 on 24 April 1954.  He held this potential MOS at the time of separation, but there is no evidence that he was either trained in or qualified in this MOS.  

	b.  Item 5 of the DD Form 214 lists the specialty number and symbol for the "qualification" MOS.  He appears to have been qualified in MOS 1745 and that is what item 5 of his DD Form 214 should reflect.  The related civilian occupation and DOT Number is 378.367-022.  It is noted that Item 28 of his DD Form 214 acknowledged that he worked in MOS 1502 while with the Signal Service Battalion, 8235th Army Unit.

3.  With respect to his induction, the applicant did not enlist or reenlist in the Regular Army.  He was inducted into the AUS.  As such, item 17 (means of entry other than induction) is marked NA because none of the blocks in item 17 applied to him.  This is further confirmed by the entry "AUS" in item 4.  There is no error here and no correction is needed. 

4.  With respect to his other service, the entry in item 23 (Other service completed for pay purposes) pertains to service completed prior to his active service, not after.  There is no evidence he completed any prior active or inactive service.  The DD Form 214 is a record of active duty and is issued at the time of release from active duty.  At the time of the applicant's release from active duty he had not completed any other service (aside from his active duty).  Therefore, the current entry in item 23 is correct.  There is no error here and no correction is needed.  

5.  With respect to his awards and decorations:  

	a.  Only one award of the Combat Infantryman Badge is authorized for the Korea War Conflict (27 June 1950 to 27 July 1953).  The applicant's DD Form 214 already reflects his Combat Infantryman Badge.  A second or subsequent award may be authorized for World War II, Vietnam, or the current conflict.  He did not serve during a second qualifying period for award of a second badge.  Therefore, he is not entitled to a second award of the Combat Infantryman Badge. 

	b.  GO awarded him the Purple Heart for wounds received in action on 22 July 1953.  Therefore, he is entitled to correction of item 27 to show the Purple Heart and item 29 to show the entry "Korea, 22 July 1953."  

	c.  Each subsequent award of the Purple Heart is indicated by an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.   However, not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  The available evidence shows the applicant sustained multiple injuries on 22 July from the same missile, force, or explosion.  There is no evidence he sustained any other injuries caused by hostile action on different date or by a separate missile, force, or explosion.  Therefore, he is not entitled to additional awards of the Purple Heart. 

	d.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The applicant participated in one campaign during his service in Korea.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Korean Service Medal and correction of his DD Form 214 as such.  He was not present with his unit in Korea after July 1953.  Therefore, he would not have qualified for campaign participation credit for any other campaigns. 

	e.  He was awarded the Korean Service Medal.  Award of the Korean Service Medal automatically establishes eligibility for the United Nations Service Medal.  He received both awards.  He did not serve any other qualifying period of service for a second award of the United Nations Service Medal.  Therefore, he is not entitled to any additional awards of this medal. 

	f.  He was awarded the National Defense Service Medal based on his service during a qualifying period of service (between 27 July 1950 and 27 July 1954) for this award.  He did not serve during a second qualifying period for this award.   Therefore, he is not entitled to any additional awards of the National Defense Service Medal.

	g.  DA Pamphlet 672-1 shows the 23rd Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for service from 19 September 1950 to 31 July 1953 by DAGO Number 41, dated 1955.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.  His DD Form 214 should be corrected to show this award. 

	h.  DA Pamphlet 672-1 does not show his unit in Korea was awarded the Meritorious Unit Commendation or the Presidential Unit Citation during the timeframe the applicant was assigned to this unit.  Therefore, there is insufficient evidence to add either award to his DD Form 214. 

	i.  The Bronze Star Medal may be awarded to a Soldier who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive.  The applicant did not serve on active duty during this qualifying period.  Therefore, he does not meet the criteria for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

	j.  There is no evidence in the applicant's records and he provides none to show he was recommended for or awarded the Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal, and/or Army Achievement Medal.  All personal decorations require a formal recommendation, approval through the chain of command, and announcement in orders.  Nevertheless, while the available evidence is insufficient to support his contention (in relation to these awards), this in no way affects his right to pursue his claim for the Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal, and/or Army Achievement Medal, by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.  In addition, it does not appear he met the qualifying criteria for award of the Meritorious Service Medal and the Army Achievement Medal.

	k.  The Overseas Service Ribbon was established on 10 April 1981.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was released from active duty in 1954 and discharged from the USAR in 1962.  He did not have an active status after 1981.  He does not meet the criteria for this award. 

	l.  The Army Service Ribbon was established on 10 April 1981.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was released from active duty in 1954 and discharged from the USAR in 1962.  He did not have an active status after 1981. He does not meet the criteria for this award. 

	m.  The Korea Defense Service Medal's period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The applicant was released from active duty on 8 July 1954, prior to the period of eligibility.  He does not meet the criteria for this award. 

	n.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  Graduates of NCO Academy courses conducted prior to 1976 for the active Army are given credit for the Primary Level only.  The applicant completed the 4-week course at the 2nd Infantry Division NCO Academy and he was issued a certificate of accomplishment.  He appears to meet the criteria for award of the NCO Professional Development Ribbon with Numeral 1 and correction of his DD Form 214 to show this award.  

	o.  There is insufficient evidence to support his award of the Army Good Conduct Medal.  Although he completed more than 1 year of active service, his DA Forms 24 and 20 are not available for review with this case.  It is unclear if his conduct and efficiency ratings were "excellent" throughout his military service. The Installation Clearance Record he provides shows his conduct and efficiency ratings within the section were "excellent" but does not show the same for the company.  In the absence of a confirmation that his conduct and efficiency ratings were "excellent" throughout his military service and/or a favorable recommendation by his former commander, and/or a published order, it is not possible to establish his eligibility for this award. 

	p.  The overseas service bars are not awards, they are items of clothing.  There is no provision in the awards regulation (Army Regulation 600-8-22) or the separation regulation (Army Regulation 635-5) to list overseas service bars on the DD Form 214. 

	q.  The Military Awards regulation does not authorize commemorative awards.  These awards are normally created and offered by private organizations. There is no provision in the governing regulation to add the Korean War Commemorative Medal and Holy Medal of Saint Maurice to his DD Form 214.  

	r.  A "Wound Chevron" was an Army badge authorized for wear on an Army uniform between 1918 and 1932.  It denoted wounds which were received in combat against an enemy force or hospitalization following a gassing.  With the creation of the Purple Heart in 1932, the Wound Chevrons were no longer awarded to Army personnel. 

	s.  As a matter of information for the applicant, in accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, it is not shown on a discharge document, nor is there an authorized Cold War Medal.  Additional information is available on the Internet at https://www.hrc.army.mil/site/active/TAGD/coldwar/ default.htm.

6.  With respect to his most significant assignment, his DD Form 214 already reflects his last unit in Japan, the Signal Service Battalion, Army Unit 8236, as well the fact that he served in MOS 1502 with that unit.  However, it appears an administrative error occurred and the Army unit is listed as 8236 when it actually should be 8235.  Item 28 of his DD Form 214 should be corrected to show "8235th AU" instead of "8236th AU." 


7.  With respect to service training courses successfully completed:

	a.  The version of the DD Form 214 in effect at the time contains two blocks for training courses.  Item 30 shows service schools and/or major courses including military sponsored courses completed in civilian schools and colleges during the period and the corresponding dates.  Item 31 shows the installation training courses (qualification courses), military correspondence courses, and off-duty courses successfully completed during the period covered by the DD Form 214.

	b.  Although he held MOS 1745, it is unclear when and where he completed this training.  The available evidence shows he entered active duty on 21 July 1952 and appears to have completed training for MOS 1745.  In the absence of the exact dates of attendance, location of attendance, and confirmation of successful attendance of MOS training, there is insufficient evidence to add MOS 1745 to item 30 of his DD Form 214. 

	c.  The available evidence shows he completed the Leaders Course at Fort Indiantown Gap on 6 February 1953 and the 4-week NCO Course in Korea on 20 June 1953.  These are installation training courses that should be listed on his DD Form 214.  The applicant's completion of the 8-hour flame thrower training was part of his 4-week NCO Academy training.  

8.  With respect to item 38, there is no provision to list approximately 60 days of service due to hospitalization.  He was hospitalized during his active service from 21 July 1952 to 8 July 1954.  His period of hospitalization was part of his active service and is accounted for in his total net service completed in item 22 of his DD Form 214.  

9.  Information for item 40 of the DD Form 214 is furnished by the Soldier being separated and is completed prior to release from active service or to such applications as may have been made during the period of active duty, enter VA claim number.  The applicant did not provide evidence to show this entry is in error.  He provided a VA claim letter, dated March 1974, some 20 years after his release from active duty.  

10.  Item 42 shows the main civilian occupation and is obtained from the DA Form 24 or Induction Record/Enlistment Record.  There is no evidence in the available records and he provides none to show he was an Olympic and Professional Figure Ice Skater.  In the absence of his induction record and/or his DA Form 24/20, which would have listed his civilian occupation, the entry in item 42 (civilian occupation, skater) appears to be correct and there is no reason to change it. 
11.  Item 46 shows the highest education level completed by the time the Soldier separated.  There is no evidence in the available record and the applicant provides none to show he was a high school graduate.  There appears to be no error and no basis for correction.  

12.  With respect to the personal hearing, the applicant’s request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  __x__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 5 the entries "NA" from both blocks and adding the entries "1745" and "378.367-022" respectively
* deleting from item 27 the Korean Service Medal and adding to item 27 the Purple Heart, Korean Service Medal with one bronze service star, Republic of Korea Presidential Unit Citation, and NCO Professional Development Ribbon
* deleting form item 28 the entry "8236" and adding the entry "8235"
* deleting from item 29 the entry NA and adding the entry "22 July 1953, Korea" 
* deleting from item 31 the entry "None" and adding the entries "Leaders Course, Fort Indiantown Gap, PA, 6 February 1953" and "NCO Course, 
4 weeks, Korea, 20 June 1953"  
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:

* Item 3 to show SSG/E-6 vice SGT/E-5 on 24 April 1954
* Item 5 to show 1502 and related civilian occupation and DOT Number
* Item 17, to show he was drafted 
* Item 23, to show his post-active service USAR service
* Item 27, to show the: 

* United Nations Service Medal with an appropriate device
* National Defense Service Medal with an appropriate device
* Combat Infantryman Badge with appropriate bronze service star 
* Presidential Unit Citation or Meritorious Unit Commendation
* Korean Presidential Unit Citation with appropriate bronze service star
* Republic of Korea Korean Service Ribbon with appropriate bronze service star
* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal with appropriate bronze service star
* Three awards of the Purple Heart
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Overseas Service Bars
* Wound Chevron bars
* Campaign participation credit
* Korean War Commemorative Medal
* Holy Medal of Saint Maurice

* Item 31, to show the Light Infantryman Course and Expert Flame Thrower and Handling and Use of Napalm
* Item 38, to show he lost approximately 60 days of service due to hospitalization 
* Item 40, to show his Certificate for Wounds and Disability  





* Item 42, to show Olympic and Professional Figure Ice Skater 
* Item 46, to show completion of some high school 



      _______ _  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)                                         AR20140018223



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ABCMR Record of Proceedings (cont)                                         AR20140018223



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