PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            15 February 2000                  
	DOCKET NUMBER:    AR1999029220

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn 		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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, that he be awarded the Army Good Conduct Medal (AGCM); the United Nations Service Medal (UNSM); and 3 Overseas Bars.

3.  The applicant states, in effect, that he is entitled to the awards mentioned in the preceding paragraph based on his service in Korea between 1947 to 1951.  He has provided a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and his Honorable Discharge Certificate in support of his request.

4.  The applicant’s military service records were not available for review by this Board.  In 1973, there was a fire at the National Personnel Records Center in 
St. Louis, Missouri.  In all probability, his records were lost or destroyed in the fire at that agency.  There is a copy of the DD Form 214 on file which was issued to the applicant on the date of his discharge from the Army.  This form shows that he enlisted in the Regular Army on 22 September 1947 and that he served honorably until discharged on 8 August 1951, in the rank of private first class.  

5.  The DD Form 214, which was authenticated by the applicant, also shows that he was discharged under the provisions of Army Regulation 615-360.  The reason for his separation was that he was a Korean Overseas Returnee.  This form also indicates that the applicant had accumulated a total of 3 years, 
10 months, and 15 days of active duty, of which 3 years, 2 months, and 6 days were served overseas.  In addition, he was awarded the Republic of Korea Presidential Unit Citation; the Army of Occupation Medal (Japan); the Korean Service Medal/w 3 bronze service stars; the Meritorious Unit Emblem for service with the 25th Infantry Division; and 1 Overseas Service Bar.  

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  The AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that each 3 years of enlisted active Federal military service completed on or after 27 August 1940 qualifies for award of the AGCM.

7.  Paragraph 4-4 of the regulation provides the basis for award of the AGCM and states, in pertinent part, that the immediate unit commander's decision to award the AGCM will be based on his or her personal knowledge and of the individual's official records for periods of service under previous commanders during the period for which the award is to be made; in addition, it indicates that the lack of official disqualifying comment by previous commanders qualifies the use of such period toward the award by current commander.  
8.  Section III provides guidance on Foreign and International Decorations and Awards to U.S. Army Personnel.   Paragraph 9-12 provides the criteria for earning the UNSM.  The UNSM was established by United Nations General Assembly Resolution 483(V) on 12 December 1950.  Presidential acceptance for the United States Armed Forces was announced by the Department of Defense on 27 November 1951.  It states, in pertinent part, that personnel awarded the Korean Service Medal automatically establish eligibility for the UNSM. 

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the awards, insignia, and accouterments authorized for wear on the uniform, and how these items will be worn.  Paragraph 27 provides guidance on uniform accessories.  Sub-Paragraph 27-26 states, in pertinent part, that 1 overseas service bar is authorized for each period of 6 months' served as a member of a U.S. Service in Korea from 27 June 1950 until 27 July 1954, both dates inclusive. 

CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 22 September 1947 to 8 August 1951.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

2.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that  this error should be corrected and the applicant should receive the AGCM at this time.

3.  The Board also concluded from the evidence of record that, although the award was established subsequent to the applicant’s discharge, he does meet the criteria for award of the UNSM based on his having earned the Korean Service Medal.  Therefore, in the interest of equity, it would appropriate to grant him the UNSM at this time. 

4.  The Board noted the applicant’s claim that he is entitled to 3 overseas bars.  However, this contention is not supported by either the evidence of record or the independent evidence submitted by the applicant.  The Board was unable to determine from the available records exactly how much time the applicant served in Korea.  The DD Form 214 issued to the applicant at discharge, which he signed, shows that he was only authorized 1 overseas bar and the Board has no evidentiary basis to contest that determination.  Therefore, the Board found relief is not warranted in this area.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the AGCM for the period 22 September 1947 to 8 August 1951 and the UNSM for his service in Korea. 

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

BOARD VOTE:  

__ra____  __fe____   __kak___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred Eichorn ______
		        CHAIRPERSON

INDEX

CASE ID	AR1999029220	
SUFFIX		
RECON		
DATE BOARDED	2000/02/15	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1951/08/08	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1. 46	107.0000	
2.		
3.		
4.		
5.		
6.