PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 July 2002        
	DOCKET NUMBER:   AR2002070074

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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, in effect, that his dates of service in Korea be shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He also requests award of the Korean Service Medal.

3.  The applicant states, in effect, that he has been trying to apply for the Korean Service Medal but has been unable to verify his Korean service.  He contends that he was wounded in Korea and received the Purple Heart.  In support of his application, he submits medical documentation which shows that he was wounded in action on 5 August 1950 in Korea.

4.  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 on 
8 January 1949.  He served as a laborer in Korea and was honorably discharged on 4 June 1952. 

5.  The applicant’s DD Form 214 does not show his dates of service in Korea.  His DD Form 214 also does not show the Korean Service Medal as an authorized award.

6.  The applicant’s DD Form 214 shows entitlement to award of the Army of Occupation Medal with Japan Clasp, the Purple Heart and the Combat Infantryman Badge. 

7.  Item 26 (Foreign and/or Sea Service) on the applicant’s DD Form 214 shows that he served 1 year, 4 months and 10 days of foreign service.  However, the available records fail to show the applicant’s inclusive dates of service in Korea.  

8.  The applicant’s DD Form 214 shows that he was awarded the Purple Heart.  The applicant also provided medical documentation which shows that he was wounded in action on 5 August 1950 in Korea.

9.  There is no evidence in the available records which shows the applicant was considered for or awarded the Good Conduct Medal.

10.  Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  This regulation governed preparation of the DD Form 214 (Report of Separation from the Armed Forces of the United States).  Page 23 of this Special Regulation contains the instructions for completion of item 26 (Foreign and/or Sea Service) of the DD Form 214.  The regulation specifically states that total service outside continental limits of the United States during current term of service in years, months and days will be entered in item 26.      
11.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

12.  Army Regulation 600-8-22 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.  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.  

13.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal 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 Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS:

1.  Medical evidence of record shows that the applicant was wounded in action on 5 August 1950 in Korea.  

2.  The Board considered the applicant’s request that his dates of service in Korea be shown on his DD Form 214.  However, his inclusive dates of service in Korea are not available.

3.  The applicant’s DD Form 214 shows that he served 1 year, 4 months and 
10 days of foreign and/or sea service.  In accordance with the governing regulation, total service outside continental limits of the United States during current term of service in years, months and days will be entered in item 
26 (Foreign and/or Sea Service) on the DD Form 214.  Based on the foregoing, the Board concluded that it is reasonable to assume that the applicant’s dates of service in Korea are included in the calculation of item 26 (Foreign and/or Sea Service) on his DD Form 214 as directed by Special Regulations Number 
615-360-1.
   
4.  Based on the applicant’s service in Korea, he is entitled to correction of his DD Form 214 to show award of the Korean Service Medal.

5.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 8 January 1949 to 4 June 1952 ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his military records to show this award.

6.  Based on award of the Korean Service Medal, the applicant is also entitled to award of the United Nations Service Medal.   

7.  Based on his honorable service from 8 January 1949 through 4 June 1952, the applicant is entitled to the National Defense Service Medal.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Korean Service Medal, the first award of the Good Conduct Medal, the United Nations Service Medal and the National Defense Service Medal.

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

BOARD VOTE:  

KAK____  AAO___  RJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Karol A. Kennedy_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002070074	
SUFFIX		
RECON		
DATE BOARDED	20020702	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	113.0000	
2.	107.0070	
3.		
4.		
5.		
6.