MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           20 December 2001                  
	DOCKET NUMBER:   AR2001052104

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Lester Echols		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, be corrected to show that he served in Korea from 1948 to 1949.

APPLICANT STATES:  That from June 1948 to March 1949 he served in Korea with Headquarters and Headquarters Company of the 3RD Major Port, and he would like his DD Form 214 to reflect that he was stationed in Korea.

In support of his request, he provides a copy of his DD Form 214 and a copy of his Honorable Discharge Certificate.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.

His DD Form 214 shows that he enlisted on 12 April 1948, served 3 years, 5 months and 26 days foreign service, was extended on active duty for 1 year, per public law and was honorably discharged on 23 October 1952, with 4 years, 6 months and 12 days total service.

His awards include the Occupation Medal (Japan), the Korean Service Medal and the Good Conduct Medal.

The available military records provide no evidence of the applicant’s assignment to Korea.

Information obtained from the National Archives regarding Port Units in Korea during the period June 1948 to March 1949 failed to identify a 3RD Major Port organization.  However, documents (unit history) were found concerning Headquarters and Headquarters Company, 3RD Transportation Corps, Medium Port, which served in Korea during the same period mentioned by the applicant, but these documents do not contain any by-name reference to the personnel assigned to the unit.

Army Regulation 635-5, Separation Documents, provides instructions for preparing DD Form 214.  It provides, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be shown.  There is no provision to show where that foreign service was performed as that information is reflected elsewhere in personnel records.

Army Regulation 600-8-22, Military Awards, provides that the National Defense 

Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.  The United Nations Service Medal (UNSM) is awarded for service in Korea during the same period, and receipt of the Korean Service Medal automatically establishes eligibility for the UNSM.

On 20 August 1999, the Department of Defense approved the acceptance and wear of the Korean War Service Medal to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.  The US Air Force has been designated the lead agency to receive and distribute the medals.

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 this case, there is no evidence available to establish the duration or location of the applicant’s service in Korea.  Moreover, even if such evidence were available, pertinent regulations make no provision for reflecting the location where foreign service was performed on the DD Form 214.  Rather, only total foreign service performed outside of the continental limits of the United States is shown, as is the case with the applicant’s current DD Form 214.

2.  Additionally, however, his active duty service between April 1948 and October 1952, entitles him to the NDSM, and the fact that he was awarded the Korean Service Medal automatically entitles him to the UNSM.  The Army Review Boards Agency Support Division, St. Louis, will be asked to provide the applicant with a correction to his DD Form 214 reflecting these awards.

3.  The Korean War Service Medal is also available to the applicant as a veteran of the Korean War.  As noted above, the determination of eligibility and the issuance of the award are handled by the US Air Force.  The applicant should provided a copy of his DD Form 214 (and DD Form 215) together with a request that he be issued the award to the US Air Force Personnel Center, 550 C Street West, Randolph AFB, Texas 78150-4714.

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.

NOTE:  Request the Army Review Boards Agency Support Division, St. Louis, issue DD Form 215 (Correction of DD Form 214) to the applicant showing that he is entitled to the NDSM and the UNSM.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__le  ____  ____jns     ___tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR2001052104	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011220	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.