PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            28 July 1999      
	DOCKET NUMBER:   AR1999016209

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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, in effect, correction of his military records to show award of the Parachute Badge, the Glider Badge, the Expert Infantryman Badge, the World War II Victory Medal, the World War II Occupation Medal, the Army of Occupation Medal with Germany Clasp, the third award of the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the Expert Qualification Badge (Rifle) and the Expert Qualification Badge (Carbine). 

3.  The applicant states, in effect, that after spending more than twenty years in the Army and having several DD Forms 214 (Reports of Transfer or Discharge) issued, he finds many missing inclusions and requests that the aforementioned awards be shown on his military records.  In support of his application, he submits a copy of VA Form 21-4138 (Statement in Support of Claim), dated
8 April 1998; copies of orders awarding the second and third award of the Good Conduct Medal; a copy of his DA Form 20 (Enlisted Qualification Record), and a copy of DA Form 1577 (Authorization for Issuance of Awards), dated 13 May 1959. 

4.  The applicant’s military records show that he was inducted in the Army of the United States on 11 October 1945 and honorably discharged on 14 October 1945 to enlist in the Regular Army.  He enlisted on 15 October 1945 and remained on active duty through continuous enlistments until he was retired on
31 August 1968. 

5.  The applicant’s service personnel records contain 5 discharge documents 
(3 DD Forms 214, 1 WD AGO Form 53, and 1 WD AGO Form 53-55).  The Board notes that a DD Form 214 for the period of 9 March 1962 through 8 March 1966 is not available.  However, the available discharge documents do not show the Parachute Badge, the Glider Badge, the Expert Infantryman Badge, the third award of the Good Conduct Medal or the Korean Service Medal as authorized awards.

6.  The Board notes the applicant’s WD AGO Form 53 with an effective date of
16 October 1949 shows the World War II Victory Medal and the World War II Occupation Medal as authorized awards.  The applicant’s DD Form 214 with an effective date of 12 October 1955 shows the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal as authorized awards.  The applicant’s DD Form 214 with an effective date of 8 March 1962 shows the Expert Qualification Badge (Rifle) and the Expert Qualification Badge (Carbine) as authorized awards.  Therefore, these awards will not be discussed further in the proceedings. 
 
7.  The applicant’s WD AGO Form 24 (Service Record) for the period 15 October 1945 to 16 October 1949 indicates he was awarded the Parachute Badge, Glider Badge and the Expert Infantryman Badge.   

8.  Headquarters US Army First Recruiting District General Orders Number
8, dated 20 January 1966, shows the applicant was awarded the third award of the Good Conduct Medal for the period of 21 August 1962 to 17 January 1966. 

9.  The applicant’s service personnel records fail to show that he served in Korea between 27 June 1950 and 27 July 1954.  

10.  Headquarters United States Army Recruiting Command General Orders Number 39, dated 26 July 1968, shows the applicant was awarded the Army Commendation Medal for the period March 1962 to July 1968.  This award is not shown on the applicant’s discharge documents.

11.  Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS:

1.  The applicant was awarded the Parachute Badge, the Glider Badge and the Expert Infantryman Badge.  Therefore, he is entitled to correction of his military records to show these awards. 

2.  The applicant was awarded the third award of the Good Conduct Medal for the period of 21 August 1962 to 17 January 1966.  Therefore, he is entitled to correction of his military records to show this award.
  
3.  Contrary to the applicant’s contention that he is entitled to award of the Korean Service Medal, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he served in Korea between 27 June 1950 and 27 July 1954.  Therefore, he is not entitled to award of the Korean Service Medal.

4.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his military records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:
	
a.  by showing in item 33 (Decorations and Citations) the entries “Parachute Badge, Glider Badge, Expert Infantryman Badge” on the WD AGO Form 53 with an effective date of 16 October 1949 of the individual concerned; and   

b.  in the absence of the applicant’s DD Form 214 for the period of
9 March 1962 through 8 March 1966, show in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries “the third award of the Good Conduct Medal and Army Commendation Medal” on the DD Form 214 with an effective date of 31 August 1968 of the individual concerned.
	 
2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

FNE_____  LEM____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999016209	
SUFFIX		
RECON		
DATE BOARDED	19990728	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680831	
DISCHARGE AUTHORITY	TITLE 10 U.S.C. 3914	
DISCHARGE REASON	Retirement after more than 20 years active federal service.	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0120	
2.	107.0119	
3.	107.0112	
4.	107.0066	
5.	107.0070	
6.	107.0069