PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 February 2000                   
	DOCKET NUMBER:   AR1999029715

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		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 that his DD Form 214 be amended to show his birth date as 7 December 1931, his most significant duty assignment as the 440th Signal Aviation Construction Battalion, and that he was awarded the Distinguished Unit Citation.

3.  The applicant states he was with the 440th Signal Aviation Construction Battalion the whole time he was in Korea and Japan.  He provides two letters of support showing he was in the unit at the time it was awarded the Distinguished Unit Citation and his DD Form 214 as supporting evidence. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein
was obtained from information provided by the applicant.

5.  The applicant enlisted in the Regular Army on 30 June 1948.  He was sent overseas on an unknown date and had almost 2 years and 10 months of overseas service.

6.  On 4 October 1951, the commanding general, Far East Air Forces sent a letter to Headquarters, Fifth Air Force enclosing General Orders 457 announcing the award of the Distinguished Unit Citation to the 440th Signal Aviation Construction Battalion in recognition of the battalion’s extraordinary achievement against the enemy in Korea.  On 9 October 1951, the 440th Signal Aviation Construction Battalion forwarded a copy of General Orders 457, Headquarters, Far East Air Forces, dated 28 September 1951 to the applicant.  That letter noted that his service with the battalion during the period stated in General Orders 457 entitled him to wear the Distinguished Unit Citation.

7.  On 15 April 1952, the applicant was discharged upon completing his expiration term of service.  His DD Form 214, item 28 shows his most significant duty assignment as “H/S Company, 835 Engineer Aviation Battalion.”

8.  Effective 3 November 1966, the Distinguished Unit Citation was redesignated the Presidential Unit Citation.

9.  On 16 February 2000, the U. S. Army Total Personnel Command, Awards Branch verified that the 440th Signal Aviation Construction Battalion was cited in General Orders 457 dated 28 September 1951.

CONCLUSIONS:

1.  Although the applicant’s records are not available, the Board accepts the evidence provided by him as sufficient to show he was assigned to the 440th Signal Aviation Construction Battalion.  Since that unit was awarded the Distinguished Unit Citation, the Board accepts his contention that that was his most significant duty assignment.

2.  Since the applicant’s records are unavailable and since he has not provided a copy of his birth certificate, the Board can make no determination regarding the inaccuracy of the birth date shown on his DD Form 214.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the applicant’s DD Form 214, item 27 to add “Presidential Unit Citation (formerly known as the Distinguished Unit Citation)” and changing item 28 to read “440th Signal Aviation Construction Battalion.”

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

BOARD VOTE:  

__cla___  __jph___  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029715	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	110.04	
3.		
4.		
5.		
6.