PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 October 2000   
	DOCKET NUMBER:   AR2000043480

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle	 	Member	
	Mr. John T. Meixell		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 item 5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show military occupational specialty (MOS) 
745 (Rifleman) and correction of item 28 (Most Significant Duty Assignment) to show Company A, 38th Infantry, 2nd Infantry Division.

3.  The applicant states, in effect, that his MOS and most significant duty assignment are incorrect on his DD Form 214.  He contends that he was a rifleman attached to Company A, 38th Infantry, 2nd Infantry Division, in Korea.  He states that the Clinical Record Brief he provided with his application shows his MOS as 4745, when in fact, it should read 745.  He further states that the Clinical Record Brief also shows that he was involved in a firefight in Korea.  He goes on to state that he was denied the Combat Infantryman Badge because of the error on his MOS.  In support of his application, he submits a Clinical Record Brief dated 30 May 1951; a Line of Duty of Injury Certificate dated 2 July 1951; a letter, dated 27 April 1999, from the applicant to the VA; a copy of his DD Form 214; and an Addendum to DA Form 1577 (Authorization for Issuance of Awards) dated 6 July 1999.   

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted
5 September 1946 and was honorably discharged on 20 January 1947.  He enlisted again on 14 June 1949, served as a light truck driver in Korea and Japan and was honorably discharged on 21 January 1953.  

5.  Item 5 (Qualifications/Specialty Number or Symbol) on the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “4345” [light truck driver].  Item 28 (Most Significant Duty Assignment) on his DD Form 214 shows the entry “SVC BTRY, 63 FA BN, APO 24” [Service Battery, 63rd Field Artillery Battalion, Army Post Office 24]. 

6.  There is no evidence in the available records which shows the applicant was awarded or held MOS 745 (Rifleman). 

7.  The applicant provided a copy of a Clinical Record Brief, dated 30 May 1951, which shows his MOS as "4745".  Item 5 (Organization and Army or Service) on the Clinical Record Brief shows the entry “Inf [infantry] Co A, 38th Inf, 2nd Inf Div. [division]”.  He also provided a copy of a Line of Duty of Injury Certificate, dated 
2 July 1951, from an infantry commander of Company A, 38th Infantry, which indicates that the applicant participated in a “fire-fight” in Korea on 29 May 1951.

8.  DA Form 1577 (Authorization for Issuance of Awards), dated 6 July 1999, shows the National Personnel Records Center in St. Louis, Missouri, determined the applicant was eligible for the National Defense Service Medal, the Good Conduct Medal, the Presidential Unit Emblem and the Korean Service Medal with three bronze service stars.  These awards are not shown on the applicant’s discharge document. 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that his MOS was 745 (Rifleman). The Board also noted the Clinical Record provided by the applicant which shows his MOS as 4745 and indicates that he was involved in a “fire-fight” in Korea.  However, the evidence of record shows that the applicant signed his discharge document attesting to the fact that his MOS was 4345 (light truck driver ) at the time of his separation from the Army.  Therefore, item 5 (Qualifications/Specialty Number or Symbol) on the applicant’s DD Form 214 is correct as currently constituted.

2.  The applicant’s contention that his most significant duty assignment was Company A, 38th Infantry, 2nd Infantry Division, was noted by the Board.  The documents provided with his application in support of his claim were also noted.  However, the evidence of record shows that the applicant signed his discharge document attesting to the fact that his most significant duty assignment was Service Battery, 63 Field Artillery Battalion, Army Post Office 24.  Therefore, item 28 (Most Significant Duty Assignment) on the applicant’s DD Form 214 is correct as currently constituted.

3.  The applicant was awarded the National Defense Service Medal, the Good Conduct Medal, the Presidential Unit Emblem and the Korean Service Medal with three bronze service stars.  Therefore, he is entitled to correction of his military records to show these awards.

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 by showing that the individual concerned was awarded the National Defense Service Medal, the Good Conduct Medal, the Presidential Unit Emblem and the Korean Service Medal with three bronze service stars. 

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

BOARD VOTE:  

MKP____  ESC___  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2000043480	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530121	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0500	
2.	107.0069	
3.	107.0056	
4.	107.0031	
5.	107.0070	
6.