PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 November 1998                  
	DOCKET NUMBER:   AC98-07728

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright		Member	
	Ms. Margaret K. Patterson		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 general discharge be upgraded to honorable and that he be awarded the occupation medals to which he is entitled for his assignments in the Philippines and in Korea.

3.  The applicant states that one day his major told him to check on a soldier who was absent without leave (AWOL).  He checked a jeep out of the motor pool to go get the AWOL soldier, but the jeep broke down and he was six hours late returning.  Upon his return, his captain arrested him for stealing a jeep (the motor pool listed the wrong serial number on the paperwork) and he was given a summary court-martial.  His major also gave him a summary court-martial for being absent from his place of duty.  He was given 22 days in the stockade.  He served his time and then extended his enlistment.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources of information.

5.  The applicant enlisted on 1 April 1946, apparently on a one-year enlistment (one-year and three-year enlistments were authorized at the time).  His unit of assignment at the time of his separation was Headquarters and Headquarters Company, USAMGIK (the Center for Military History has verified that this designation referred to the U. S. Army Military Government in Korea).  He was separated on 3 November 1947 with a general discharge under honorable conditions, under the provisions of Army Regulation 615-360, expiration of his term of service.  He had 22 days of lost time.  He had been awarded the World War II Victory Medal and the Army of Occupation Medal - Japan.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Under current standards, only the honorable characterization may be awarded a soldier upon completion of his  period of enlistment.

7.  Army Regulation 600-8-22 provides for award of the Army of Occupation Medal of Korea for service in Korea between 3 September 1945 and 29 June 1949, inclusive.

CONCLUSIONS:

1.  Service in the Philippines could not be verified from the records available.

2.  Service in Korea was verified and the applicant is entitled to award of the Army of Occupation Medal - Korea.

3.  The applicant’s Enlisted Record and Report of Separation shows he completed his enlistment through his expiration term of service.  Under current standards, he would have been awarded the honorable characterization of service.

4.  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 showing that the individual concerned is separated from the service with an Honorable Discharge Certificate on 3 November 1947.

2.  That the Department issue to him an Honorable Discharge Certificate from the Army of the United States, dated 3 November 1947, in lieu of the general discharge of the same date now held by him.

3.  That the applicant be awarded the Army of Occupation Medal - Korea.

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

BOARD VOTE:  

CMF____  IEW____  MKP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON