PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           5 February 2002   
	DOCKET NUMBER:   AR2001059958

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. 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 that he be granted all of the medals to which he is entitled, to include the Korean Service Medal (KSM) and the United Nations Service Medal (UNSM).

3.  The applicant states that he served in Korea from July 1954-August 1955.  He submits in support of his request:  Special Orders Number 145, Headquarters, The Infantry Center, Fort Benning, Georgia, dated 22 June 1954; Special Orders Number 250, Headquarters, 25th Station Hospital, APO (Army Post Office) 234, dated 21 October 1954; Special Orders Number 36, Headquarters, Pusan Replacement Depot, 8069th Army Unit, APO 973, dated 9 February 1955; and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from those documents mentioned above that were submitted by the applicant.  

5.  On 3 November 1953, the applicant enlisted in the Regular Army for 3 years and was sent to Fort Benning.  On 22 June 1954, he was reassigned to the Overseas Replacement Station, Fort Lewis, Washington, for further assignment to the Armed Forces Far East.  His reporting date to Fort Lewis was 5 July 1954. The exact dates of the applicant's departure from Fort Lewis and his arrival in the Far East are unknown.

6.  Special Orders Number 250, dated 21 October 1954, shows that while the applicant was assigned to Headquarters, 25th Station Hospital, located in Taegu, Korea, he was promoted from pay grade E-2 to pay grade E-3 (temporary).  The order shows that he had served 11 months’ time-in-grade and 2 months’ in the unit position vacancy.

7.  Special Orders Number 36 shows that the applicant was released from assignment at the 7th Medical Dispensary, APO 973, and assigned to the 133rd Medical Detachment, APO 59 on or about 11 February 1955.

8.  The applicant's DD Form 214 shows that, on 2 November 1956, he was honorably discharged.  He had completed 3 years of active military service on the period of enlistment under review to include 1 year, 8 months, and 21 days of foreign service.  He had also completed 1 year and 13 days of other service.  His DD Form 214 shows that he received the National Defense Service Medal.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.
10.  AR 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

11.  AR 600-8-22 provides for award of the KSM.  In pertinent part, the regulation states that the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

12.  AR 600-8-22 also provides for award of the UNSM.  In pertinent part, the regulation states that the period of eligibility for the UNDSM was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the KSM automatically establishes eligibility for award of the UNSM.

CONCLUSIONS:

1.  There is no evidence of derogatory information in the applicant's available records to show that he was disqualified by his unit commander for award of the GCMDL.  Therefore, he is entitled to have his records corrected to show award of the GCMDL.

2.  Entitlement to the KSM and UNSM are dependent upon the exact date the applicant arrived in Korea.  Based on his reporting date of 5 July 1954 to the Overseas Replacement Station, Fort Lewis, the Board presumes that the applicant departed the United States in sufficient time to arrive in Korea on or before 27 July 1954.  Therefore, he is also entitled to correction of his DD Form 214 to show award of the KSM and the UNSM.  

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the GCMDL, the KSM and the UNSM.

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

BOARD VOTE:  

__JH___   __KAK___  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar_________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059958	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020205	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19561102	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	107.0070	
3.	107.0085	
4.		
5.		
6.