MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 January 2000
	DOCKET NUMBER:   AR1999026222

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was awarded the Korean Service Medal with five bronze service stars and that the 
Army of Occupation Medal for Japan is incorrect.  He also requests that item 
10 (Date of Birth) be corrected to show the entry “3 Mar 26” instead of 
“3 May 26”.

APPLICANT STATES:  In effect, that Executive Order 10179 was published by the Federal Government and indicated that any Korean Veteran serving within certain areas within the Far East Command was eligible for the Korean Service Medal and that Okinawa was one of those areas.  He also states that his DD Form 214 does not show the Korean Service Medal with five bronze service stars and that the Army of Occupation Medal for Japan is incorrect.  He further states that item 10 (Date of Birth) on his DD Form 214 is incorrect.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he entered active duty on 15 September 1950.  He served in the Far East and was honorably discharged on 5 September 1952.

The applicant’s DD Form 214 shows that he was awarded the Army of Occupation Medal for Japan.  His discharge document does not show the Korean Service Medal as an authorized award.

The applicant’s records contain a DD Form 215 (Correction to DD Form 214), dated 7 June 1999, which amended his DD Form 214, to show that he was awarded the National Defense Service Medal and the Good Conduct Medal.

There is no evidence of record that the applicant was eligible for the Korean Service Medal.  

Item 10 (Date of Birth) of his DD Form 214, which was authenticated in his own hand, shows his date of birth as “3 May 26”.

Army Regulation 600-8-22 provides for award of the Korean Service Medal.  It states that the Korean Service Medal was established by Executive Order 
10179, dated 8 November 1950.  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, under the following conditions; (1) within the territorial limits of Korea or in waters immediately 

adjacent thereto, or (2) with a unit under the operational control of the Commander in Chief, Far East other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea and (3) was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.

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.  Evidence of records shows that the applicant was entitled and awarded the Army of Occupation Medal for Japan for his service in the Far East.  Therefore, there is no basis to remove this award.

2.  The Board noted that the Executive Order establishing the Korean Service Medal did not authorize it for service on Okinawa.  The Board also noted that Okinawa was located approximately 500 miles south of Japan and that Okinawa is not within the territorial limits of or immediately adjacent to Korea.

3.  The is no evidence the applicant served in Korea, or that he was a member of a unit which was designated by the Commander in Chief, Far East as having directly supported the military efforts in Korea.  Therefore, he is not entitled to award of the Korean Service Medal.

4.  There is no evidence of record available to the Board, and the applicant has provided no evidence, to show his date of birth as “3 Mar 26”.  Therefore, there is no basis to correct item 10 (Date of Birth) of his DD Form 214 to show his date of birth as “3 Mar 26”.

5.  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.

6.  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

RGH____  GFG_____  BJE_____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026222	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19520905	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  116		
2.		
3.		
4.		
5.		
6.