PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            3 March 1999
	DOCKET NUMBER:   AR1998012571

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		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 award of the Bronze Star Medal, United Nations Medal, the Joint Service Medal, the Army Commendation Medal, Meritorious Service Medal, the Combat Infantryman Badge and the Good Conduct Medal. 

3.  The applicant states that these awards are not noted on his DD Form 214 (Report of Separation from the Armed Forces).  He states that he served in the Korean War as an infantryman and should have received these decorations.  The applicant also contends that his discharge does not show unit awards.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 18 January 1951.  Although the specific dates of his service in Korea are not available, his DD Form 214 shows that he served overseas for approximately 15 months and received the Korean Service Medal and the United Nations Service Medal.  The applicant was honorably discharged on 31 December 1952.

5.  There is no indication in the limited records available to the Board that the applicant was recommended for or was awarded the Bronze Star Medal.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

6.  The applicant’s discharge shows that he was awarded the United Nations Service Medal; however, there is no indication that he completed a period of qualifying service for award of the United Nations Medal.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the United Nations Medal.  This medal is awarded in the name of the Secretary General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon, the United Nations Truce Supervision Organization in Lebanon, the United Nations Military Observer Group in India and Pakistan, or the United Nations Security Forces, Hollandia.

7.  Army Regulation 600-8-22 (Military Awards) does not show the Joint Service Medal as an authorized.  The Joint Service Achievement Medal and the Joint Service Commendation Medal are authorized awards.  However, the Joint Service Achievement Medal was only authorized for award after 3 August 1983 and the Joint Service Commendation Medal was only authorized for award after 1 January 1963.

8.  There is no evidence the applicant was recommended for or awarded the Army Commendation Medal.  His DD Form 214 which is authenticated in his own hand does not show the Army Commendation Medal as an authorized award. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  There is no evidence the applicant was recommended for or awarded the Meritorious Service Medal.  Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to a members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area after 16 January 1969.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

10.  The applicant’s DD Form 214 shows that he served in the Headquarters and Headquarters Company of the 7th Infantry Regiment in military occupational specialty (MOS) number 4405 which is clerk typist.  His discharge also shows that his branch of service was medical service.  There is no indication that the applicant served in an infantry position in combat.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

11.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show no indication of indiscipline.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards for the Korean War.  This document shows the 7th Infantry Regiment was cited for the Republic of Korea Presidential Unit Citation by Department of the Army General Order 20-53 and the Bravery Gold Medal of Greece by Department of the Army General Orders 2-56.  The applicant was a member of the regiment for the periods cited which entitles him to permanent wear of these unit citations. 

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal or the Army Commendation Medal.  Therefore, he is not entitled to these awards.

2.  There is no evidence, and the applicant has provided no evidence,  that the applicant served a period of qualifying service for award of the United Nations Medal; therefore, he is not entitled to this medal.

3.  The applicant contends that he was entitled to award of the Joint Service Medal which is not listed as an authorized award in the regulation governing military awards.  The Joint Service Achievement Medal and the Joint Service Commendation were not authorized to be awarded during the applicant’s service. Therefore, he was not eligible to receive any of these awards.

4.  There is no evidence, and the applicant has not provided any evidence, which shows that he was awarded the Combat Infantryman Badge or that he served in an infantry position in an infantry unit during the Korean War.  Evidence of record shows that he had a clerk typist MOS and was medical service branch; therefore, he was not eligible for award of the Combat Infantryman Badge.

5.  The applicant is entitled to the first award of the Good Conduct Medal for the period 18 January 1951 to 31 December 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

6.  The applicant is entitled to the Republic of Korea Presidential Unit Citation and the Bravery Gold Medal of Greece; therefore, he is entitled to correction of his records to show these unit awards.  The Board notes that the applicant may be entitled to additional unit awards; however, these could not be determined in the absence of specific details as to which element of the Headquarters and Headquarters Company he was assigned and the exact dates of his assignment in Korea.

7. In view of the foregoing findings and conclusions, it would be appropriate 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 showing that the individual concerned was awarded the Good Conduct Medal for the period 18 January 1951 to 31 December 1952, the Republic of Korea Presidential Unit Citation and the Bravery Gold Medal of Greece.

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

BOARD VOTE:  

RVO____  EW_____  GCM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		CHAIRPERSON

INDEX

CASE ID	AR1998012571C	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19521231	
DISCHARGE AUTHORITY	AR 615-366. . . . .  	
DISCHARGE REASON	CONVENIENCE OF THE GOVERNMENT	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.