MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            23 December 1998
	DOCKET NUMBER:   AC98-12369
                                              AR1998013404

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		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:  That his report of separation (DD Form 214) be corrected to show that he served in Korea from November 1954 to May 1955.

APPLICANT STATES:  That he desires to have his DD Form 214 corrected to reflect his service in Korea during the period November 1954 to May 1955 and his awards of the Korean Service Medal and the United Nations Service Medal so that he can join a service organization and qualify for their insurance.  He also desires to have the correction made for his own satisfaction.  

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center at St. Louis, Missouri.  However, the available records obtained from alternate sources show that the applicant had service in Korea from 18 February 1955 to 18 September 1955, as verified by morning report entries.

On 13 August 1997, the Army Reserve Personnel Center (ARPERCEN) issued the applicant the Korean Service Medal (KSM) and the United Nations Service Medal (UNSM) based on that service.  However, the is no evidence in the available records to show that a correction to his DD Form 214 was ever issued.

The applicant’s DD Form 214 shows that the applicant enlisted on 23 February 1954 for a period of 3 years, that he served 1 year, 9 months, and 28 days of foreign service, and that he was honorably released from active duty on 7 December 1956 after serving 2 years, 9 months, and 15 days of total active service. 

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time did not provide that periods of service in an overseas area be specified on the DD Form 214 unless the period served in an overseas area was one served under armed conflict and resulted in the individual receiving hostile fire pay as well awards for service in a specified area.

Army Regulation 672-5-1 serves as the authority for the issuance of individual decorations and awards.  It states, in pertinent part, that the KSM and the UNSM was awarded for service between 27 June 1950 and 27 July 1954.

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.  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.

2.  The available records show that the applicant did not arrive in Korea until 18 February 1955; therefore, it appears that the awards of the KSM and UNSM were issued to him in error because there is no evidence to show that he arrived in country during the period the awards were authorized.

3.  Accordingly, it appears that the applicant’s DD Form 214 was prepared in accordance with the applicable regulations in effect at the time, in that there were no provisions to specify where foreign service was performed unless it was in a hostile fire zone or resulted in the award of a decoration authorized specifically for service in a specific foreign country.  All available evidence indicates that the applicant was erroneously issued the KSM and UNSM in error.  Therefore, there appears to be no basis to correct his DD Form 214.

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

___le ___  __ro ____  ___kak___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12369/AR1998013404	
SUFFIX		
RECON	 	
DATE BOARDED	1998/12/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110.00		
2.  107.00		
3.		
4.		
5.		
6.