PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             18 August 1999                 
	DOCKET NUMBER:     AR1999018176

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward 		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 United Nations Service Medal, the Korean Service Medal with
3 bronze service stars and the Good Conduct Medal. 

3.  The applicant states that he served in the Navy during World War II 
(17 October 1944 to 25 July 1946) and served in the Army during the Korean War (21 August 1950 to 19 April 1952).  In support of his application, he submits 
three documents which show his request for assistance in obtaining the aforementioned awards, an Honorable Discharge Certificate from the National Guard, a copy of his Enlisted Record (undated), a DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 19 April 1952, an Honorable Discharge Certificate from the Navy dated 25 July 1946, and a Notice of Separation from U.S. Naval Service.   

4.  The applicant’s military records show that he was inducted in the Navy on
17 October 1944 and honorably discharged on 25 July 1946.  He enlisted in the Arkansas National Guard on 11 December 1946 and was honorably discharged on 10 December 1947.  The applicant enlisted in the National Guard on
1 September 1949 for a period of 3 years.  He was ordered to active duty on 
21 August 1950, served in Korea from 18 February 1951 through 11 December 1951 and was honorably discharged on 19 April 1952.       

5.  The applicant’s DD Form 214 with an effective date of 19 April 1952 does not show the United Nations Service Medal or the Good Conduct Medal as authorized awards.  The DD Form 214 does show the Korean Service Medal with 2 “bronze campaign stars” (correctly known as bronze service stars). 

6.  The applicant’s records show he served in Korea from 18 February 1951 to
11 December 1951 and participated in four campaigns (First UN counteroffensive 25 January 1951 - 21 April 1951; CCF spring offensive 22 April 1951 - 8 July 1951; UN summer - fall offensive 9 July 1951 - 27 November 1951; and Second Korean winter 28 November 1951 - 30 April 1952). 

7.  The applicant’s records fail to show that he was recommended for or awarded the Good Conduct Medal.  

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

9.  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.  

CONCLUSIONS:

1.  The applicant was awarded the Korean Service Medal; therefore, he is entitled to correction of his military records to show award of the United Nations Service Medal.

2.  Although the applicant contends that his records should be corrected to show the Korean Service Medal with 3 bronze service stars, the evidence of record shows he participated in four campaigns during his assignment in Korea.  Therefore, he is entitled to correction of his military records to show award of the Korean Service Medal with four bronze service stars.

3.  The Board notes that the applicant’s first period of active federal service was as a Navy enlisted man.  Therefore, the applicant must apply to the Board for Correction of Naval Records for award of the Good Conduct Medal for the period of 17 October 1944 to 25 July 1946.

4.  Evidence of record shows the applicant served on active duty in the Army National Guard from 21 August 1950 to 19 April 1952, a period of approximately 20 months.  However, the applicant’s first period of active federal service was in the Navy and award of the Good Conduct Medal for that period of service falls under the purview of the Department of the Navy.  The applicant’s Army service constituted a second period of active duty.  Regulation requires that second and all subsequent awards of the Good Conduct Medal require three full years of qualifying service.  Therefore, the applicant is not eligible for award of the Army Good Conduct Medal for his service from 21 August 1950 to 19 April 1952.

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:

That all of the Department of the Army records related to this case be corrected:

a.  by showing that the individual concerned was awarded the United Nations Service Medal; and 

	b.  by deleting in item 27 (Decorations, Medals, Badges, commendations, citations and Campaign Ribbons Awarded or Authorized) the entry “Korean Svc Med 2 BCS” on the DD Form 214 with an effective date of 19 April 1952 of the individual concerned; and 

	c.  by adding in item 27 the entry “Korean Service Medal with 4 bronze service stars” on the DD Form 214 with an effective date of 19 April 1952 of the individual concerned.

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

BOARD VOTE:  

RVO____  EW_____  SVW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999108176	
SUFFIX		
RECON		
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19520419	
DISCHARGE AUTHORITY	AR 615-363  	
DISCHARGE REASON	PETS & DA MSG 303982	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0085	
2.	107.0070	
3.	107.0056	
4.		
5.		
6.