PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 2 November 2000             
	DOCKET NUMBER:        AR2000043114

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and campaign credit for his participation in three battle campaigns.  In addition, he requests correction of his records to show his rank as sergeant (SGT).

3.  The applicant states that his DD Form 214, at the time of his discharge at Fort Ord, California, shows that he was not wounded, shows that he has only one battle campaign and shows his rank as corporal (CPL).  He contends that the Army stated that this was a clerical error all of these years, but he did not correct the error.  He also states that his records were later corrected in Seattle to an extent by showing the Purple Heart in 1986.  Further, he states that it was to his understanding that his platoon commander had recommended him to be promoted to the rank of SGT.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he entered active duty on 3 September 1950.  He completed infantry training and served in Korea (dates unknown).  The applicant was honorably released from active duty on 30 April 1952.

5.  DD Form 215 (Correction to DD Form 214), dated 13 October 1994, shows that the applicant was wounded on 2 June 1951 in the Republic of Korea and that the applicant was entitled to award of the Purple Heart.  Therefore, this portion of the applicant’s request for award of the Purple Heart will not be discussed further in these proceedings.

6.  The applicant’s DD Form 214 shows the Korean Service Medal with one bronze service star as an authorized award.  

7.  The applicant’s dates of service in Korea are not in the available records; however, his DD Form 214 shows he completed 10 months and 16 days of foreign service.  Evidence available to the Board indicates that the applicant was treated in the 121st Evacuation Hospital in Korea on 29 December 1951 and was separated from the service on 30 April 1952.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the unit to which the applicant was assigned, the 31st Infantry Regiment, received campaign credit for the CCF [Chinese Communist Forces] Spring Offensive (22 April-8 July 1951), the UN [United Nations] Summer-Fall Offensive (9 July-27 November 1951) and the Second Korean Winter (28 November 1951-30 April 1952) during his tour in Korea.
9.  The applicant’s DD Form 214 shows he received temporary promotion to corporal and was separated in that rank, CPL(T). There is no evidence available to the Board which shows the applicant was promoted to the grade of SGT.  There also is no evidence that the applicant was recommended for promotion to SGT.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 28 May 1991, in the available records shows that the applicant was entitled to the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation Badge which are not shown on the applicant’s DD Form 214.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

12.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 3 (Grade, Rate or Rank) will be completed to show the active duty grade or rank and pay grade at the time of separation.

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows the Korean Service Medal with one bronze service star.  However, evidence available to the Board indicates that he received credit for participation in three campaigns during his tour in Korea.  Therefore, he is entitled correction of his DD Form 214 to show three bronze service stars to be affixed to his Korean Service Medal.

2.  The Board noted the applicant’s contention that his platoon commander had recommended him for promotion to the rank of SGT; however, there is no evidence of record and the applicant has provided no evidence which shows he was recommended for or was promoted to SGT.  Therefore, his DD Form 214 is correct as currently constituted and he is not entitled to correction of his records to show his rank as SGT.

3.  Evidence of record shows that the applicant was awarded the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation Badge.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by deleting the entry “Korean Svc Medal w/1 Bronze Svc Star” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214; and

b.  by adding the entries “Korean Service Medal with three bronze service stars”, “Good Conduct Medal”, “National Defense Service Medal”, “United Nations Service Medal” and “Republic of Korea Presidential Unit Citation Badge” in item 27.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

FNE____  TSK_____  WDB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000043114	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001102 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	100.0000	
3.		
4.		
5.		
6.