PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 June 2002                   
	DOCKET NUMBER:   AR2002068459

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 correction of item 30 (Remarks) of his DD Form 214 (Report of Transfer or Discharge) to show that he served in Korea.

3.  The applicant states that he served in Korea in May 1972 and that his DD Form 214 should reflect this service.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show he enlisted on 27 February 1970.  He served in Okinawa, Japan from 14 May 1971 to 11 January 1973, and was released from active duty on 12 January 1973.

5.  The applicant’s records contain a copy of Headquarters, US Army, Ryukyu Islands Letter Orders Number T-565, dated 12 April 1972, which shows that the applicant was authorized to perform temporary duty (TDY) at Camp Humphreys, Korea for approximately 23 days.

6.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows the entry “14May71 to 19Feb73 (14 May 1971 to 19 February 1973) US Army Pacific (USARPAC) Okinawa 21 (21 months) N (no dependents).”

7.  Item 38 (Record of Assignments) of his DA Form 20 shows that he was enroute to the United States on 11 January 1973, and was released from active duty on 12 January 1973. 

8.  Army Regulation 640-2-1 states, in pertinent part, that the date of departure for and return from overseas service, the geographical area and country, type, length of service, and arrival of family members will be recorded in item 31 of the DA Form 20.  In computing length of overseas service, 15 days or more will be credited as a full month.  Tour credit for cumulative periods of TDY will be credited for the area and country in which the most service was performed.

9.  Army Regulation 635-5, in effect at that time, established the standard policy for preparing and distributing the DD Form 214.  In pertinent part, it directed that the foreign service performed during the period covered by the DD Form 214 would be entered in item 22c (Foreign and/or Sea Service).  The regulation also stated that the amount of foreign service would be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.  It also stated that item 30 (Remarks) is used to complete entries too long for their respective blocks.  It further stated that Korean service on or after 1 August 1964, would be indicated by entering the inclusive dates of service and by indicating a “yes” or “no.”

10.  Table 1-1 of Army Regulation 614-30 provides the policy for overseas credit. Rule 5 states that an individual must serve a minimum of eleven cumulative months in a TDY status in areas where the tour length is designated as 12 to 
18 months.  

11.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the 
Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

12.  There is no evidence of derogatory information in the applicant’s records.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was authorized to perform TDY for 23 days in Korea while serving in Okinawa.  The Board notes that an individual must serve a minimum of eleven cumulative months in a TDY status in areas where the tour length is designated as 12 to 18 months.  However, the applicant completed only 23 days of TDY, less than one month, while serving overseas.  Therefore, he is not entitled to correction of item 30 (Remarks) of his DD Form 214 to show his 23 days of TDY in Korea.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 27 February 1970 to 12 January 1973 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the first award of the Good Conduct Medal for the period 27 February 1970 to 12 January 1973.

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

BOARD VOTE:  

__jns___  __eja___  __tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068459	
SUFFIX		
RECON		
DATE BOARDED	20020625	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730112	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	251	
2.		
3.		
4.		
5.		
6.