PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            29 May 2003                  
	DOCKET NUMBER:    AR2003084555

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones, II		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 the Korea Defense Service Medal (KDSM) and Army Good Conduct Medal (AGCM) be added to his military record. 

3.  The applicant states, in effect, that the KDSM is a new authorized service medal that he is entitled to based on his service in Korea.  He states that he served in Korea from August 1955 through November 1956.  He also states that he was notified by personnel from the National Personnel Records Center (NPRC) that he is also entitled to the AGCM.  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

5.  The applicant’s separation document (DD Form 214) shows that he entered active duty on 14 March 1955, and that he continuously served on active duty for 3 years until being honorably separated on 13 March 1958.  It also shows that he completed 1 year, 4 months, and 2 days of foreign service.  The only award listed in Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this separation document is the Expert Marksmanship Qualification Badge (Carbine). 

6.  The applicant provides copies of an Armed Forces Liberty Pass, a US Forces Japan Identification Card, and a Transient Personnel Pass, showing that his overseas unit of assignment was the 24th Military Police Company, which was an assigned unit of the 24th Infantry Division, which served in Korea from 1950 to 1957.  

7.  The applicant also provides a copy of an Installation Clearance Record 
(DA Form 137), dated 10 March 1958, which documents the clearance process he completed prior to his honorable separation on 13 March 1958.  It contains an entry in the remarks section that confirms that he received “Excellent” conduct and efficiency ratings at the conclusion of his enlistment.  Further, there is no derogatory information on file in the available documents that would disqualify him from receiving the AGCM.  In addition, there is no indication that he was ever disqualified from receiving the AGCM by any of the active duty unit commanders for which he served.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that it is authorized for each 
3 years of qualifying honorable service completed on or after 27 August 1940.  While there is no automatic entitlement to the AGCM, disqualification must be justified.  

9.  The KDSM was just recently approved as part of the Fiscal Year 2003 Defense Authorization Act, and it has not yet been designed or funded.  The instructions for issuance and wear of this award also have not been completed.  The agency responsible for completing these actions estimates that it could take up to one year before those eligible for this award will begin to receive it.  Once it is ready for issue, the Army will publicize information regarding how to request it and how it will be issued.  Specific instructions will appear on the Internet, in official publications, and in the magazines published by veteran service organizations.  

CONCLUSIONS:

1.  The Board notes the applicant request that his record be corrected to show award of the KDSM.  However, it is unable to act on this request at this time.  The KDSM was just recently approved as part of the Fiscal Year 2003 Defense Authorization Act, and it has not yet been designed or funded.  The responsible agency anticipates it could take up to a year for those who are eligible to begin to receive the award.  The applicant is advised to wait until the Army publicizes instructions regarding how the KDSM should be requested and how it will be issued, before he submits an application to this Board requesting his record be corrected by adding this award.  

2.  The available evidence does confirm that the applicant received “Excellent” conduct efficiency ratings at the conclusion of his enlistment, as evidenced by the entry in the remarks section of his Installation Clearance Record.  Lacking any derogatory information on file that would disqualify him from receiving the AGCM, or a specific disqualification from any of the active duty unit commanders for which he served, the Board finds that he is entitled to the AGCM based on his qualifying period of honorable active duty service from 14 March 1955 through 
13 March 1958.  

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 14 March 1955 through 13 March 1958; and by providing him a corrected separation document that includes this award.  

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

BOARD VOTE:  

___FCJ__  _LLS____  __LE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Luther L. Santiful
		  CHAIRPERSON

INDEX

CASE ID	AR2003084555	
SUFFIX		
RECON		
DATE BOARDED	2003/05/29	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1958/03/13	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.