MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:   AR2000049465

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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:  That the award of the Korean Service Medal (KSM) be added to his report of separation (DD Form 214).

APPLICANT STATES:  In effect, that he was awarded the KSM and did not notice that it was omitted from his DD Form 214 at the time of separation.  He goes on to state that he served in Japan in support of units in Korea and he provides a letter from a fellow member of his unit as well as a copy of his DD Form 214 showing that he was awarded the KSM.  He also submits pictures of himself and his fellow soldier and a copy of his award of the Good Conduct Medal (GCMDL).

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, the DD Form 214 submitted by the applicant shows that he enlisted in Syracuse, New York on 3 September 1952 for a period of 3 years.

His most significant assignment was listed as the 8063rd Administrative Area Unit located in Japan.  He was promoted to the rank of sergeant on 20 June 1955 and continued to serve until 18 August 1955, when he was honorably released from active duty at Fort Dix, New Jersey and was transferred to the Army Reserve.  He had served 2 years, 11 months and 16 days of active service of which 2 years and 19 days were spent overseas.  He was awarded the GCMDL by the 8063rd Administrative Area Unit, the National Defense Service Medal and the United Nations Service Medal.

The supporting letter submitted by a member of his unit indicates that he ( the other member) attended training with the applicant, shipped overseas with the applicant and served in Japan and Okinawa with the applicant until their separation from the service.  The other member’s DD Form 214 indicates that he was assigned to the same unit as the applicant, that he was awarded the KSM and that he separated from the service on 22 July 1955.

Army Regulation 600-8-22 serves as the authority for awards and decorations.  It states, in pertinent part, that the KSM is awarded for service between 27 June 1950 and 27 July 1954 within the territorial limits of Korea or in waters immediately adjacent thereto, 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, or was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contributions made in direct support of military efforts in Korea. 

Department of the Army Pamphlet 672-1 lists the units that participated in the Korean War and the campaigns, citations and awards that the units received.  The listing for the 8063rd Administrative Area Unit shows that only the 507th Signal Company and the Mobile Army Surgical Hospital under the control of the 8063rd received awards for participation/support of operations 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.  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 this requirement.

2.  Notwithstanding the evidence submitted by the applicant showing that a fellow soldier received the KSM, the evidence of record fails to show that the applicant was ever awarded the KSM or that there was any basis to do so.

3.  The fact that one of his fellow soldiers was awarded the KSM is not sufficient a basis to award him the same award, since the award of the KSM could have been earned on an individual basis.  Therefore, in the absence of evidence to show that the applicant’s unit served in support of the military operations in Korea in accordance with the applicable criteria, there is no basis to award him the KSM.

4.  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

___js  ___  ___ra ___  ___mm__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000049465	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  116	107.0070/KSM	
2.		
3.		
4.		
5.		
6.