MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 April 2001                  
	DOCKET NUMBER:   AR2000050361

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Harry B. Oberg 		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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Korean Service Medal (KSM) with 5 bronze service stars, the Meritorious Service Medal and the newly approved Korean War Service Medal.

The applicant’s request for the Korean War Service Medal was addressed by separate correspondence to the applicant. 

APPLICANT STATES:  In effect, that the awards shown on his DD Form 214 are incorrect.  He contends that the records state that he was awarded and received three bronze service stars; however, he was awarded five bronze service stars but only received three bronze service stars.  He also contends that the Meritorious Service Medal was awarded after his company left Korea.  In support of his application, he submits a copy of his DD Form 214 and a copy of his National Guard Bureau Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States and the Army National Guard).

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted in the Army National Guard on 15 July 1948.  He was ordered to active service on 19 August 1950, served in the Korean War for approximately 14 months and was honorably separated on 3 December 1952.  

The applicant’s DD Form 214 does not show the KSM with five bronze service stars or the Meritorious Service Medal as authorized awards.  The DD Form 214 does show the KSM with three bronze service stars.  

There is no evidence in the available records which shows the applicant’s inclusive dates of service in Korea.

There is no evidence in the available records which shows the applicant met the qualifications for award of the Meritorious Service Medal.

Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area after 16 January 1969. 
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 applicant’s DD Form 214 shows the KSM with three bronze service stars as an authorized award. 

2.  The applicant contends that he is entitled to the KSM with five bronze service stars.  However, there is no evidence of record which shows the applicant’s inclusive dates of service during the Korean War.  Therefore, the Board is unable to determine the exact number of campaigns he participated in during the Korean War.  Based on the foregoing, there is no basis for correction of the applicant’s KSM with three bronze service stars.        

3.  There is no evidence of record which shows that the applicant served in a noncombat area after 16 January 1969 or that he otherwise met the qualifications for award of the Meritorious Service Medal.  Therefore, the applicant is not entitled to correction of his military records to show this award.

4.  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.

5.  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

JH______  CLA____  HBO____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050361	
SUFFIX		
RECON		
DATE BOARDED	20010405	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19521203	
DISCHARGE AUTHORITY	AR 615-360  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0070	
2.	107.0017	
3.	107.0000	
4.		
5.		
6.