PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           21 MARCH 2002                   
	DOCKET NUMBER:   AR2001065955

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		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 that his records be corrected to reflect award of the Bronze Star Medal, Silver Star and any other awards he may be entitled to.  He states that the awards are missing from his "current" DD Form 214 (Report of Separation from the Armed Forces of the United States).  He also states, in effect, that his rank should be reflected as master sergeant, which is the "rank [he] attained."  He also believes that his 1953 separation report should have shown an honorable discharge vice a general discharge.  In support of his request he submits copies of his Bronze Star and Silver Star orders, and a copy of his 1953 DD Form 214.

3.  The applicant's records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including documents provided by the applicant.

4.  The applicant served an initial period of active duty between December 1947 and December 1949.  His 1949 WD AGO Form 53-55 (Enlisted Record and Report of Separation) indicates he received a general discharge and had several days of lost time.  

5.  He returned to active duty on 7 March 1950 and served until 2 May 1953, when he was discharged for the convenience of the government.  During this period of active duty he served nearly 12 months overseas where he was assigned to the 8th Cavalry Regiment of the 1st Cavalry Division, and awarded the Combat Infantryman Badge, Korean Service Medal with three bronze service stars, United Stations Service Medal, Republic of Korea Presidential Unit Citation and a Bronze Star Medal.  All of those awards are reflected on his 1953 separation document.  His separation report also indicates he received a general discharge and had 57 days of lost time.  

6.  Orders issued by the 1st Cavalry Division, on 21 August 1951, confirm that the applicant was awarded a Silver Star for his heroic actions on 3 July 1951.  The award citation notes that at the time of his heroic actions he was serving in the rank of sergeant first class, but at the time the orders were published he was a master sergeant.  At the time of his 1953 separation he was serving in the permanent rank of private first class with a date of rank of 27 April 1953.  

7.  By virtue of his active service between 1950 and 1953 he is entitled to the National Defense Service Medal.

CONCLUSIONS:

1.  The Board notes that the applicant's Bronze Star Medal is already reflected on the applicant's 1953 separation document.  However, the evidence does confirm that he was awarded a Silver Star while in Korea which was omitted from that document.  

2.  The absence of his official military personnel file, and the absence of evidence from the applicant, makes it impossible to determine the basis for his general discharge in 1949 and again in 1953, although it is possible that the character of his discharge was related to his lost time during both periods of active duty.  In the absence of evidence to the contrary the Board presumes that character of discharge was correct and finds no basis to upgrade his discharge.

3.  The Board also notes that while the applicant may have served in the rank of master sergeant, he was serving in the rank of private first class at the time of his 1953 separation and was reduced to that grade shortly before his separation. 
In view of this evidence, the Board concludes that the applicant was separated in the appropriate grade and there is no basis to change his separation document to show he was separated in the higher grade.

4.  By virtue of the applicant's service between 1950 and 1953 he is entitled to the National Defense Service Medal.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing on his 1953 separation document that he was awarded the Silver Star, and is entitled to the National Defense Service Medal.

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

BOARD VOTE:  

___JNS      __LDS__  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____ John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065955	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020321	
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.	107.00	
2.		
3.		
4.		
5.		
6.