MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            8 September 1999
	DOCKET NUMBER:   AR1999016093

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff		Member	
	Mr. Orville W. Troesch		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:  In effect, that the Republic of Korea Presidential Unit Citation (ROKPUC) be added to his records.

APPLICANT STATES:  In effect, that it was an administrative error that the ROKPUC was left off the DD Form 214 (Report of Separation from the Armed Forces of the United States) issued him on 21 February 1956.  The applicant has submitted the following documents in support of his claim:  his promotion order to corporal, dated 20 September 1954, which indicates his unit of assignment at that time; a letter from the applicant to the VA in which he attempts to show a chronological list of where he served during the period of service in question; and a statement from an individual who indicates that he served with the applicant in Korea, and who seems to recollect the award being presented.

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

There are no available service records for the applicant for the period of service under review.  However, the evidence of record does include a DD Form 214 which documents the applicant’s active service between 10 July 1953 and 
21 February 1956.  The DD Form 214 indicates that the applicant was honorably separated from active duty on 21 February 1956 after completing 2 years, 
7 months, and 12 days of active military service. 

The DD Form 214 also shows that the applicant had completed a total of 1 year, 2 months, and 2 days of foreign service; however, does not list the specific dates or areas of that overseas service.  Block 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) indicates the applicant received the National Defense Service Medal, the Good Conduct Medal, the Korean Service Medal, and the United Nations Service Medal.  

The applicant’s unit during the period under review was Company C of the 
822nd Engineer Aviation Battalion.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists authorized unit citations by unit for the timeframe in question.  This source book shows that the 822nd Engineer Aviation Battalion was awarded the Republic of Korea Presidential Unit Citation for the periods 17 July to 10 September 1950 and 17 May 1952 to 31 March 1953. 

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.  While the applicant’s service records are not available for the period under review, it is clear from the evidence of record and the independent evidence submitted by the applicant, that the applicant’s service with 822nd Engineer Aviation Battalion began well after the ending period of the last award of the Republic of Korea Presidential Unit Citation to the unit.

2.  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. 

3.  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

__klw ___  ___fkm __  __owt___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016093	
SUFFIX		
RECON		
DATE BOARDED	1999/09/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  138	107.0092	
2.		
3.		
4.		
5.		
6.