PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  28 September 2000
	DOCKET NUMBER:  AR2000039101

	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. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 his undesirable discharge (UD) be upgraded and that he receive military awards to which he is entitled.

3.  The applicant states, in effect, that his UD is unfair considering his three years in the service, time served overseas in Korea, and the difficulty he had in adjusting after he returned from Korea.  He went from a rifle company in Korea to an artillery battalion in the United States.  His training was in the infantry and he was put in an artillery battalion.

4.  The applicant’s military records are not available and are presumed destroyed in the 1973 fire in the National Personnel Records Archives.  From copies of his two DD Form 214 (Report of Separation) and one discharge order found in his file, the following is known.

5.  The applicant enlisted in the Regular Army on 23 October 1950.  After completing basic training, he was assigned to Company K, 223rd Infantry Regiment, 40th Infantry Division, as a cook.  He spent 2 months and 1 day overseas.  He was honorably discharged on 8 June 1951 by reason of minority when it was discovered that he was under age.

6.  The applicant enlisted again in the Regular Army on 21 April 1952.  He was assigned to Company I, 35th Infantry Regiment, 25th Infantry Division, as a cook.  The 35th Infantry Regiment was assigned in Korea.  The applicant served overseas for 1 year and 24 days.  The applicant was AWOL for 90 days.  The applicant was separated from the service on 25 November 1954 with an undesirable discharge by reason of Army Regulation 615-368 (Enlisted Personnel Discharge – Unfitness).  The applicant served 2 years, 11 months, and 22 days.  His discharge shows no awards or decorations.

7.  The National Defense Service Medal (NDSM), according to Army Regulation 600-8-22 (Military Awards), paragraph 2-10, is authorized for soldiers who served on active duty during the periods 27 June 1950 to 27 July 1954, 1 January 1961 to 14 August 1974, and 2 August 1990 to 30 November 1995.

8.  The Korean Service Medal (KSM), according to Army Regulation 600-8-22 (Military Awards), paragraph 5-8, is authorized for soldiers who served in Korea from 27 June 1950 to 27 July 1954.

9.  The United Nations Service Medal (UNSM), according to Army Regulation 600-8-22 (Military Awards), paragraph 9-12, is authorized for soldiers who served in Korea during the period 27 June 1950 to 27 July 1954.  Those soldiers who have received the Korean Service Medal are automatically eligible for the UNSM.

10.  The Korean War Service Medal (KWSM), a foreign award presented by the Government of Korea, was approved by the Assistant Secretary of Defense (Force Management Policy) on 20 August 1999 for acceptance and wear by soldiers who served in Korea from 27 June 1950 to 27 July 1954.  This action is in connection with the 50th Anniversary of the Korean War.  The Department of the Air Force has the responsibility for distribution of this medal and the applicant must apply to the Department of the Air Force in order to be considered for this prestigious award.

11.  The 35th Infantry Regiment was awarded the foreign award, The Republic of Korea Presidential Unit Citation (ROKPUC), for its actions in Korea from 
11 July to 1 October 1952 and from 5 May to 9 July 1953.

CONCLUSIONS:

1.  In the absence of any evidence to the contrary, an assumption of regularity must be made that the applicant’s undesirable discharge is both correct and just considering the circumstances.  There is no basis for a compassionate consideration.  The applicant provides no documentary evidence or witness statements to support his request.  His duties as a cook would be similar for both an Infantry unit and an Artillery unit.  The applicant’s assertion that he was trained for duty in the Infantry, but not the Artillery and therefore could not adjust to the Artillery, in light of his military occupational skill as a cook, does not establish sufficient justification for upgrade of his discharge.

2.  The applicant is eligible for award of the following awards and they should be provide to him with the exception of the foreign awards, which he must purchase from commercial sources:  NDSM, KSM, UNSM, and the ROKPUC.  The applicant must apply to the Department of the Air Force for consideration for the KWSM.

3.  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 for the individual concerned by showing that he was awarded the following military awards and providing him the medals with the exception of the foreign awards, which he must purchase from commercial sources: NDSM, KSM, UNSM, and the ROKPUC.

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

BOARD VOTE:  

__ro___  ___dh___  ___ew___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2000039101	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19541125	
DISCHARGE AUTHORITY	AR 635-368	
DISCHARGE REASON		
BOARD DECISION	PART	
REVIEW AUTHORITY		
ISSUES         1.144	Administrative Discharge	
2.		
3.		
4.		
5.		
6.