MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           1 August 2002                   
	DOCKET NUMBER:   AR2002069301

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumper		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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:  That her husband, the former service member (FSM), be given a battlefield commission.

APPLICANT STATES:  In effect, that the FSM was given a battlefield commission to 2nd lieutenant for actions in the Korean War.  His wounds precluded his return to Korea to personally receive the commission and it was never forwarded to his home.

In support of her request, the applicant submits a copy of an October 1961 letter from the FSM to The Adjutant General (TAG), Department of the Army, seeking information on the status of his battlefield commission; an August 1962 letter from the FSM to the US Army Records Center, asking if his battlefield commission had ever been registered with that agency; a January 1962 reply from the TAG to the FSM indicating that there was no record of his having been considered for a battlefield commission; a March 1953 letter from the FSM to his former battalion commander in Korea seeking information and advice with respect to his battlefield commission; a statement of the FSM’s military service; a copy of his final DD Form 214, Report of Transfer or Discharge, and a copy of the DD Form 214 covering the period of his service in Korea; an October 1952 letter from the FSM’s former platoon leader in Korea discussing general information about his former unit; an October 1952 letter from the FSM’s former battalion commander advising him that his battlefield commission was pending at division headquarters awaiting his return to Korea; a copy of the applicant’s letter to Senator Specter, Pennsylvania, describing the FSM’s wounds, listing his awards and asking for assistance in obtaining a battlefield commission for him.  Also submitted is a copy of the FSM’s Death Certificate.

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

He was born on 4 February 1922.  He served in the Pacific Theater of Operations during World War II from June 1943 to January 1946, as a Marine, and at the conclusion of World War II was released to the Army National Guard.  He reentered active duty with the Army on 14 May 1951, and remained on active duty as a platoon and intelligence sergeant, and later as a cook, until his retirement for permanent disability.  He retired on 24 March 1966, in the rank of master sergeant E-7 with over 20 years of service.  During his active Army service he served in Korea, Iran, and Vietnam.  He died on 18 May 1988.

His awards include the National Defense Service Medal, the Good Conduct Medal with bronze clasp with 4 loops, the Armed Forces Expeditionary Medal (for Vietnam service), the Army Commendation Medal, the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, the Presidential Unit Citation with 1 cluster, the Purple Heart with 1st oak leaf cluster, the Bronze Star, the Silver Star, the Combat Infantryman Badge with 1 star and the Republic of Korea Presidential Unit Citation.
The FSM contends that while assigned to the 7th Infantry Regiment, 3rd Infantry Division, in Korea, between September 1951 and December 1952, he was recommended for a battlefield commission.  Because of wounds suffered in action, he was evacuated to the States and never had the opportunity to return to Korea to accept the commission.  In response to a letter to his former battalion commander, he was informed that the commission was “pending” at 3rd Division Rear awaiting his return to Korea to personally accept it.  In the letter, dated 16 October 1952, the battalion commander also informed the FSM that, “The regulation, unfair as it may seem, requires the recipient to be present to receive the commission.”

The FSM’s Official Military Personnel File, which is unusually large and documents his military career in detail, contains no papers, orders or other documents referring to his nomination for a battlefield commission.  

On 10 April 2002, a member of the Army Review Boards Agency, Screening Team, reviewed the historical files of the 7th Infantry Regiment and the 3rd Infantry Division at the National Archives, College Park, Maryland.  A review of the Adjutant General’s daily action logs indicated that a Battlefield Commissioning Board had been established; however, there was no indication that the FSM had appeared before the board.

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.  Neither the FSM’s official records, the archival records of his unit nor the information provided by the applicant contain any evidence that the FSM was ever formally offered a battlefield commission or appointment to 2nd lieutenant. 

2.  Based on the letters between the FSM and his former battalion commander, it appears that the lack of documentation of a battlefield commission is consistent with the statement in the battalion commander’s letter of 16 October 1952, that the recipient was required to be present to receive the commission.  Since the FSM was unable to return to Korea, he was not appointed a 2nd lieutenant thus, no records exist of such an appointment. 

3.  While it is indeed unfortunate that the FSM’s wounds were so severe as to preclude his return to Korea, it is, however, logical to conclude that there would be no necessity to appoint an enlisted soldier to officer status in a combat environment if he would then not be available to perform the duties for which he was appointed.  And, as so appropriately stated by his former commander, unfair as it may seem, the recipient was required to be present to receive the commission.

4.  Finally, based on the inferences in the correspondence between the FSM and his former battalion commander, it appears that the FSM never appeared before a Battlefield Commissioning Board to determine his qualification for appointment. The term “pending” as used by both the FSM and his battalion commander, seems to imply that the battlefield commission was “pending” the FSM’s appearance before the board, not just awaiting his return to Korea to pick it up.  Despite the fact that the FSM was probably eminently qualified for appointment as a 2nd lieutenant, in the absence of any evidence showing that he had already been selected for appointment, there is no basis for this Board to now consummate such an appointment.

5.  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

___sac__  ____mhm_  ___rks __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069301	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  102.00		
2.		
3.		
4.		
5.		
6.