MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 December 1999
	DOCKET NUMBER:   AR1999018987

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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:  Correction of his records to show award of the Armed Forces Service Medal and where he served his overseas service.

APPLICANT STATES:  That he is entitled to the Armed Forces Service Medal because he served overseas in Korea for 3 years and 10 months.  He also states that he needs his discharge to show that he served in Korea so that he can join the Veterans of Foreign Wars.

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

That the applicant entered on active duty in the Regular Army on 15 March 1977 and was honorably discharged on 31 March 1986.  He enlisted in the Army National Guard in April 1986 and later served in the Army National Guard Active Guard Reserve (AGR) program.  The applicant was honorably discharged from the Army National Guard AGR program on 30 April 1995 under the Voluntary Early Retirement Program.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 March 1986 shows in item 7 (Last Duty Assignment and Major Command) the entry “1st FIN SEC (EUSA-P8)” [1ST Finance Section (Eighth United States Army Pacific Command)] which is in Korea.  There is no evidence in the applicant’s records which shows the specific dates of his assignment in Korea.

Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Thusfar, this award has been authorized for operations in Haiti and in the former Republic of Yugoslavia, but has not been authorized for service in Korea.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22 which shows that the Armed Forces Expeditionary Medal shows was awarded for service in Korea during the period 1 October 1966 to 30 June 1974.

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.  Records show the applicant served in Eighth Army in Korea.  Therefore, his discharge is correct as currently constituted and there is no basis for correction of any entry to show service in Korea.

2.  The Armed Forces Service Medal was awarded beginning after 1 June 1992.  However, the Armed Forces Service Medal has not been authorized for service in Korea.  Therefore, the applicant is not eligible for award of the Armed Forces Service Medal based on his service in Korea during his Regular Army service from March 1977 to March 1986.

3.  The Armed Forces Expeditionary Medal was awarded for service in Korea from 1 October 1966 to 30 June 1974 which is prior to the applicant’s entry on active duty.  There is no evidence of record which shows that the applicant served a period of qualifying service in Korea for award of the Armed Forces Expeditionary Medal.  Therefore, the applicant is not eligible for this award.

4.  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.

5.  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

GDP____  CLG____  CJP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018987	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19950430	
DISCHARGE AUTHORITY	AR 635-200, CHAP 12	
DISCHARGE REASON	VOLUNTARY EARLY RETIREMENT	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.