MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 January 2002  
	DOCKET NUMBER:   AR2001060033

	I certify that hereinafter is recorded the record of consideration 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:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 13 June 1951 to show a “battlefield” commission.  He also requests that the Bronze Star Medal be removed from his military records.  

APPLICANT STATES:  The applicant submitted two applications.  In his first application dated 6 July 2001, the applicant states, in effect, that his DD Form 214 with an effective of 13 June 1951 lacks brevity, senses no importance whatsoever, seems administrative only (to accept commission in the Officer Reserve Corps) and the promotion was not backed up.  In support of this application, he submits a photograph of a soldier; a self-authored After Action Report for a battle in Korea; a copy of his DD Form 214 with an effective date of 13 June 1951; a DD Form 214 with an effective date of 17 November 1953; an excerpt from the 38th Infantry Rock, dated 7 August 1954; and retirement orders, dated 25 June 1969.    

In his second application dated 9 July 2001, the applicant states that he was given two Bronze Star Medals the night before he departed Vietnam.  The first award contained the wrong name and Social Security Number and he sent it back for corrections.  He was given another award and told to keep the one in error because he deserved two awards.  He buried the erroneous award with his brother, a military veteran.  He contends that the Bronze Star Medal is “degraded”.  In support of his application, he submits a copy of his retirement orders, dated 25 June 1969; a letter of explanation; a copy of his Certificate of Retirement, dated 25 May 1979; a copy of his DD Form 214 with an effective date of 30 June 1969; orders for award of the Bronze Star Medal, dated 
17 November 1968; and an award certificate for the Bronze Star Medal. 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 24 January 1949 for a period of 3 years.  He served as a tank crewman in Korea from 8 August 1950 until he was honorably discharged on 13 June 1951 to accept a commission in the Officer Reserve Corps as a second lieutenant.  He was commissioned on 14 June 1951 and continued to serve on active duty in Korea.  The applicant was honorably released from active duty on 17 November 1953 and transferred to the U.S. Army Reserve.  He entered active duty again on 18 March 1954 in an enlisted status and remained on active duty through continuous reenlistments until he retired on 30 June 1969 in the rank of first sergeant. 

Item 3 (Grade, Rate, Rank and Date of Appointment) on the applicant’s DD Form 214 with an effective date of 13 June 1951 shows the entry “MSGT (T) 

[temporary] 9 May 1951.”  Item 38 (Remarks) on this DD Form 214 shows the entry, “To accept commission in the ORC [Officer Reserve Corps] and call to EAD [enter active duty] as 2d Lt [second lieutenant], Armor.”

The applicant’s DD Form 214 with an effective date of 13 June 1951 does not show his source of commission or that he was tendered a “battlefield” commission.

4th Infantry Division General Orders Number 5971, dated 17 November 1968, show the applicant was awarded the Bronze Star Medal for meritorious service during the period February 1968 to February 1969 in Vietnam.

Army Regulation 635-5 established the standardized policy for preparing and distributing the DD Form 214.  The regulation provides no authority to show the source of commission or in specific a “battlefield” commission.
 
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant’s request to show a “battlefield” commission on his DD Form 214 with an effective date of 13 June 1951. However, in accordance with the governing regulation, there is no provision to show “battlefield” commissions on the DD Form 214.  

2.  In regard to removal of award of the Bronze Star Medal, the Board determined that this decoration was properly processed through the chain of command and approved by the proper approval authority for award of the Bronze Star Medal.  This award of the Bronze Star Medal was properly announced in General Orders by 4th Infantry Division General Orders Number 5971, dated 17 November  1968.  In the absence of evidence that this award was not properly processed and approved, there is no error and there is no basis for this Board to remove this decoration from the applicant’s military records.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

LLS____  RWA	TLP____	DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001060033	
SUFFIX		
RECON		
DATE BOARDED	20020108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	134.0000	
2.		
3.		
4.		
5.		
6.