MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:          

	BOARD DATE:                2 March 2000
	DOCKET NUMBER:        AR1999026916

	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. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A Newman		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) with an effective date of 1 December 1952 be corrected to show that he was awarded the Korean Service Medal.

APPLICANT STATES: That he served in the Far East Command (Okinawa) from April 1950 to April 1952.  In support of his application he submits a copy of his
DD Form 214 (with an effective dated of 1 December 1952) and copies of Special Orders Number 102, dated 31 August 1950 and Special Orders Number 169, dated 6 October 1951.

COUNSEL CONTENDS:  The Veterans of Foreign Wars (VFW), as counsel for the applicant, contends that the applicant ‘s DD Form 214 and Special Orders dated 31 August 1950 and 6 October 1951 indicate that the applicant served honorably with the 8107th Service Detachment (RYCOM Ordnance School), 
87th Ordnance Battalion on the island of Okinawa between March 1950 and 
April 1952.  Counsel also states that most important, the island of Okinawa fell under the Commander-in-Chief Far East (CINCFE) command.  Counsel further states that IAW AR 600-8-22 (Military Awards), paragraph 5-8a(2), the VFW has established that he applicant served “with a unit under the operational control of the CINCFE, other than one within the territorial limits of Korea and that it is however, unknown if the applicant’s unit was designated by the CINCFE as “having directly supported the military efforts in Korea”.  Counsel concludes by stating that given the circumstances, it is reasonable to assume that units stationed on Okinawa did directly support military efforts in Korea.

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 27 July 1949.  He served in the Far East and was honorably discharged on 1 December 1952.

The applicant’s discharge document, which is authenticated in his own hand, does not show the Korean Service Medal as an authorized award.

There is no evidence of record which shows the applicant was eligible for the Korean Service Medal or which shows he served a period of qualifying service for award of the Korean Service Medal.

The applicant’s DD Form 214 with an effective date of 1 December 1952 shows that he was awarded the Army of Occupation Medal with Japan Clasp for his service in the Far East.

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.  The Board noted that the applicant was awarded the Army of Occupation Medal with Japan Clasp for his service in service in the Far East.  

2.  The Board also 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.  There 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.  

4.  The Board also noted that the applicant authenticated his discharge document attesting to the fact that he was not awarded the Korean Service Medal.

5.  Based on the foregoing, there is no basis for award of the Korean Service Medal to the applicant.

6.  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.

7.  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

ESC____  SK______  KAN_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026916	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000302	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19521201	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  116		
2.		
3.		
4.		
5.		
6.