RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            02 DECEMBER 2003                  
	DOCKET NUMBER:   AR2003091407

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann, Jr.		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his 30 January 1953 DD Form 214 (Report of Separation) be corrected to show that his most significant duty assignment was with Headquarters and Service Company, 194th Engineer Battalion.  He also requests that a remark be added to that form to show that he was injured in Korea when a crane overturned, trapping and pinning him in the cab.

2.  The applicant's statements mirror those of his statements in his initial request to this Board, and his request for reconsideration.  He, however, has submitted a 15 October 2003 statement indicating that letters, e-mails, and correspondence from former comrades show that he was in fact assigned to the 194th in Korea, and was injured when a crane overturned.  Nonetheless, In this new statement,  he in effect withdraws his request for award of the Combat Engineer Badge, indicating that he now realizes that this badge is nonexistent.

3.  The applicant provides a copy of his initial statement to the Board, to include a copy of a newspaper article indicating his assignment with the 194th Engineers in Korea.  He provides a copy of a statement from a former comrade, who attests that the applicant was assigned to the 194th and was injured as the applicant so states.  That former soldier provides a copy of his own DD Form 214 showing that he was released from active duty on 2 October 1952 and that his most significant duty assignment was with H & S Co [Headquarters and Service Company] 194th Engr C Bn [194th Combat Engineer Battalion].  He provides a 23 September 2003 statement from that former comrade.  He provides a statement and a list of former 194th members from another former comrade.  He also provides e-mail messages to him and a copy of an abbreviated history of the 194th from that former soldier.  

CONSIDERATION OF EVIDENCE: 

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002071748 on 23 July 2002.

2.  Also included, as part of the applicant's request, is a copy of this agency's    28 March 2003 letter to the applicant denying his request for reconsidration.  

3.  The documents that the applicant has submitted as iterated above is new evidence that requires consideration by the Board.  That new evidence consists mainly of a statement on his behalf from a former comrade who attests to the applicant's assignment with the 194th and his injury while assigned to that unit, providing a copy of his own DD Form 214 showing that he also was assigned to the 194th (most significant duty assignment on his DD Form 214).  The remaining documents submitted on the applicant's behalf attest to the efforts to assist him in his quest.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence suggests that the applicant was assigned to the 194th in Korea. Nonetheless, as indicated in the 23 July 2002 Board decision, the rules concerning the entry on the applicant's DD Form 214 clearly indicate that the last unit or similar element will be entered in item 28 of that form.  The correct entry was apparently made.  Consequently, there is no error concerning this entry.  By the same token, however, it would appear that, regardless of that rule, the applicant's most significant duty assignment would have been with the 194th in Korea during the Korean War, and not with a unit at Camp Rucker, Alabama, subsequent to his return from Korea.  Consequently, in all fairness to the applicant it would be appropriate to show that the applicant's most significant duty assignment was Headquarters and Service Company, 194th Combat Engineer Battalion.      

2.  The applicant states in effect, that he was not wounded in action, but that his injury was an accident. There is little doubt that he was injured in Korea as he so states, and as attested to by a former comrade.  Nonetheless, there are no provisions for including that type of information on a Soldier's DD Form 214. This information has not been included in past separation documents, and is not so included now.  To do so, would result in thousands of such entries to be included on separation documents – any entry that resulted in treatment by a doctor, or in fact, a medical corpsman, from a serious, life threatening injury; a major injury; to a minor injury, i.e., a fractured finger, a superficial cut, and so on.  Such information is adequately documented in Soldiers' medical files.  The applicant's concern in this matter is respected; however, his request to include information about his injury on his DD Form 214 cannot be granted.                       

3.  The applicant has in effect, withdrawn his request for award of a Combat Engineer Badge, acknowledging that badge does not exist.  Consequently, the Board will not further address this issue. 

BOARD VOTE:

__FNE __  __MHM _  __PHM__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR2002071748, dated 23 July 2002.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant's most significant duty assignment (item number 28) on his 30 June 1953 DD Form 214 was Headquarters and Service Company, 194th Combat Engineer Battalion.

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 the applicant's request to include information concerning his injury on his DD Form 214.  

		____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091407	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031202	
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.	100.05	
2.	122.01	
3.		
4.		
5.		
6.