MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            29 April 1999     
	DOCKET NUMBER:   AR1998013368

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Christopher J. Prosser		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 military records to show award of the United Nations Medal (the Board notes the applicant is referring to the United Nations Service Medal (UNSM)) and the “Korean Campaign Medal” (correctly known as the Korean Service Medal (KSM)).

APPLICANT STATES:  In effect, that he went to Japan on 20 March 1954 and was assigned to the 7th Explosive Ordnance Disposal Squad, IKEGO Ammo Depot.  He contends that all the personnel assigned there at this time were awarded these medals.  In support of his application, he submits a copy of his identification card for the IKEGO Ammo Depot which shows his unit and date of issue.  

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
28 August 1952 for a period of 3 years.  He was trained in the ordnance branch of service and item 26 (Foreign and/or Sea Service) of the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he served overseas for 1 year, 4 months and 12 days.  He was separated from active duty with an honorable discharge on 6 August 1955. 

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the UNSM or the KSM as authorized awards.   

According to the applicant he arrived in Japan on 20 March 1954.  His records show he was assigned to the 7th Explosive Ordnance Disposal Squad, served
1 year, 4 months and 12 days of overseas duty and was separated on 6 August 1955.  

There is no indication in the available records that the applicant was awarded or qualified for the UNSM or the KSM.  

Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  

Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The regulation further states that, the qualifying service is defined as:
(1) within the territorial limits of Korea or in waters immediately adjacent thereto; or (2) with a unit under the operational control of the Commander-in-Chief Far East, other than one within the territorial limits of Korea, which has been designated by the Commander-in-Chief Far East, as having directly supported the military efforts in Korea; or (3) was furnished an individual certificate by the Commander-in-Chief Far East, testifying to material contribution made in support of the military efforts in Korea.  The service prescribed must have been performed under any of the following conditions:  (1) on permanent assignment; (2) on temporary duty for 30 consecutive days or 60 nonconsecutive days; or 
(3) in active combat against the enemy under conditions other than those prescribed in paragraphs (1) and (2) above, provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable to higher unit, testifying to such combat credit.

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.  Contrary to the applicant’s contention that he is entitled to award of the UNSM; there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded or qualified for the UNSM.  Therefore, he is not entitled to award of the UNSM.   

2.  Contrary to the applicant’s contention that he is entitled to award of the KSM, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the KSM.  There also is no evidence that the applicant served in Korea, that he served in a unit designated by the Commander-in-Chief Far East, as providing direct support to the military efforts in Korea, that he was provided a certificate attesting to his support of military efforts in Korea or that he otherwise qualified for the KSM.  Therefore, he is not entitled to award of the KSM.

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 the aforementioned 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

AMC____  ESC____  CJP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013368	
SUFFIX		
RECON		
DATE BOARDED	19990429	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19550806	
DISCHARGE AUTHORITY	AR 635-250, AR615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.