PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 August 2002      
	DOCKET NUMBER:   AR2002071692

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 10 March 1958 to show his dates of service in Korea.  He also requests that this DD Form 214 be corrected to show award of the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal and the Army Commendation Medal. 

3.  The applicant states that he served in the Republic of Korea from October 1950 to March 1952.  

4.  The applicant’s military records show that he was inducted on 15 June 1944.  He served as a medium tank crewman in the European Theater of Operations from 16 February 1945 until approximately 24 May 1946 and was honorably discharged on 30 May 1946.  The applicant enlisted on 11 March 1947 and remained on active duty through continuous reenlistments until he retired in the rank of master sergeant on 30 June 1965.   

5.  The applicant’s service personnel records contain six discharge documents.

6.  There is no discharge document covering the period 11 March 1950 through 
10 March 1955 in the available records.  

7.  The available DD Forms 214 do not show the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal or the Army Commendation Medal as authorized awards. 

8.  The applicant’s DA Form 24 (Service Record) shows that he served in Korea from 25 October 1950 through 11 March 1952 and participated in four campaigns during the Korean War.

9.  Section 9 (Medals, Decorations, and Citations) of the applicant’s DA Form 
24 (Service Record) shows entitlement to the Korean Service Medal, the United Nations Service Medal and the National Defense Service Medal.  

10.  There is no evidence in the available records which show the applicant was recommended for or awarded the Army Commendation Medal.  There are no orders for the Army Commendation Medal in the available records.   

11.  Special Regulation 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.  In pertinent part, it directed that a DD Form 214 would not be furnished to members of the Regular Army and reserve components who reenlisted in the Regular Army at station of discharge within 24 hours of discharge.

12.  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.  This regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

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.  

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  The applicant’s contention that his dates of service in Korea are not shown on a DD Form 214 is valid. 

2.  The applicant’s service record shows that he served in Korea from 25 October 1950 through 11 March 1952.  However, in accordance with the governing regulation in effect at the time, no DD Form 214 was furnished for that period.

3.  The Board determined that as an exception to regulation item 32 (Remarks) on the applicant’s DD Form 214 with an effective date of 10 March 1958 will show the applicant’s dates of service in Korea.

4.  Based on the applicant’s service in Korea, he is entitled to correction of his DD Form 214 with an effective date of 10 March 1958 to show award of the Korean Service Medal with four bronze service stars, the United Nations Service Medal and the National Defense Service Medal.
5.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal in this case.

6.  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:

a.  by adding the entry, “Korea service:  501025-520311” in item 
32 (Remarks) on the DD Form 214 with an effective date of 10 March 1958 of the individual concerned; and

	b.  by adding the entries, “Korean Service Medal with four bronze service stars”, “United Nations Service Medal” and “National Defense Service Medal” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of 10 March 1958.  

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

BOARD VOTE:  

SAC____  MHM___  RKS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2002071692	
SUFFIX		
RECON		
DATE BOARDED	20020801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0000	
3.		
4.		
5.		
6.