MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 March 2002  
	DOCKET NUMBER:   AR2001060144

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 his DD Form 214 (Report of Separation from the Armed Forces of the United States), be corrected to show "his World War II and Korean veteran military commendations."  He specifically requests that "Operation Blue Jay" be reflected, as well as his exposure to "radiation toxic material."  

APPLICANT STATES:  In effect, that he was 16 years old when he enlisted and he served in the NYARNG from 1943-1947, but that enlistment documentation from 1943 to 1945 is not available; that he is now disabled due to a service-related illness.  In support of his application, he provides:  a copy of his DD Form 214; a copy of his New York State driver's license and his Medicare health insurance card; a copy of TAGO Form 01254 (Transcript of Military Service); a copy of DA Form 345-1 (Armed Forces Liberty Pass), DD Form 313 (US Government Operator's Permit), and WD AGO Form 8-117 (Immunization Register); a copy of a 22 August 1951 letter of commendation for participation in Operation Blue Jay; an unidentified document from Headquarters, New York Army Nation Guard (NYARNG), dated 5 April 1951, showing that he served in the 1st Signal Company, NYARNG, from 25 April 1945 to 24 April 1947; a copy of Form 225 (Enlistment Record - New York Guard) showing that he enlisted on 25 April 1945.

EVIDENCE OF RECORD:  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 that are mentioned above and submitted by the applicant.

The available records show that prior to the period of service under review, the applicant enlisted in the NYARNG on 25 April 1945 at age 17 and served for 2 years until he was separated on 24 April 1947.

On 22 November 1950, the applicant was inducted into the Army of the United States.  He was initially assigned to the 489th Transportation Amphibious Truck Company and was transferred to Thule, Greenland, where he participated in Operation Blue Jay.  Operation Blue Jay was the US Navy's name for the massive seaborne delivery of materiel to the Arctic region in support of the enlargement of the Thule Air Force Base so that it could support nuclear-capable strategic bombers like the B-36.  Operation Blue Jay required inter-service support and involved specialized Army transportation units like the 489th Transportation Amphibious Truck Company.

The applicant also served in the Azores from 10 February 1952-11 November 1952 where he was assigned to Headquarters and Headquarters Service Company, 501st Transportation Port Battalion.  

The applicant's DD Form 214 shows that he was honorably separated and transferred to the United States Army Reserve on 2 December 1952.  He had completed 2 years and 11 days of active military service.  He was not credited with any awards or decorations.

The available evidence does not indicate that the applicant was awarded the Good Conduct Medal (GCMDL) or the National Defense Service Medal (NDSM).

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.  It provides that the Good Conduct Medal (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.  

AR 600-8-22 provides for award of the National Defense Service Medal (NDSM) for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, and between 2 August 1990 and 30 November 1995.

Army Regulation 635-5 (Separation Documents) prescribes policies and procedures for the completion of the DD Form 214.  This regulation states that only those military awards authorized by Army Regulation 600-8-22 will be shown on the DD Form 214 and that no completed missions or operations will be listed.

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.  There is no record that the applicant served on active duty during World War II; he is not authorized any awards or decorations for that period.  Although he was on active duty during the Korean War, he never actually served in Korea and is, therefore, not entitled to any awards or decorations specifically authorized for Korean War veterans.

3.  The applicant did meet the regulatory requirements for award of the GCMDL as a result of his first term, honorable service from 22 November 1950 to 2 December 1952, but there is no evidence of record that it was awarded to him; he should be awarded the GCMDL for the above period of service.  He also met the regulatory requirements for award of the NDSM.

4.  The available evidence does not indicate that the applicant was ever exposed to radiation or toxic materials.  Even if he had been subjected to such exposure, such information is not authorized for inclusion on the DD Form 214.

5.  Although the applicant participated in Operation Blue Jay, such information is not authorized for inclusion on the DD Form 214.

6.  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 that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 27 (Decorations, Medals, Badges) that he was awarded the GCMDL and the NDSM.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  ___JPI __  ____RKS  DENY APPLICATION

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

INDEX

CASE ID	AR2001060144	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020307	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19521202	
DISCHARGE AUTHORITY	AR615-365	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.