PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 September 2003                  
	DOCKET NUMBER:   AR2003084699

	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	
	Mrs. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 that his official military personnel records be corrected to show his pay grade as E-5.  

3.  The applicant also requests award of the following:  the Armed Forces Expeditionary Medal; the United Nations Service Medal; the United Nations Medal; the Overseas Service Ribbon; the Army Service Ribbon; the Korean Presidential Unit Citation; the United Nations Truce Supervision Organization; the Defense Meritorious Service Medal; the "Korean Duty"; the Combat Action Ribbon; the Cold War Medal; the Korean Defense Service Medal; the Joint Service Achievement Medal; the Army Reserve Components Achievement Medal; the Army Good Conduct Medal; the Korean Service Medal; and the Armed Forces Service Medal. 

4.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his rank as E-4 and only one authorized award, the National Defense Service Medal.  

5.  The applicant states that, after reviewing different military books and documents from the different military organizations with which he is associated, he discovered that his military records are wrong and need to be corrected. 

6.  The applicant continues that while he was stationed in Korea, he was assigned to Battery C, 1st Battalion, 79th Field Artillery, 7th Infantry Division, in support of the 2nd Infantry Division.  He also contends that while assigned to Korea, that he was given a temporary field promotion to sergeant (E-5) with the understanding that it would become permanent before he left the area.  

7.  In addition, the applicant contends that his Battery Commander and his 1st Sergeant said that his promotion would "be taken care of" before he left the Army.  

8.  The applicant continues that he never had the promotion put in his records and therefore the records do not reflect his promotion.  

9.  The applicant states that he does not have any documents supporting this promotion; however, he is hopeful that something can be done.  

10.  The applicant’s military records show that he enlisted on 19 July 1965 for a period of 2 years.  He completed the required training and was awarded military occupational specialty 45F20 (Artillery Mechanic).  His service personnel records show the highest pay grade he achieved was pay grade E-4.  The applicant was separated from active duty on 18 July 1967.

11.  The applicant's records show that he arrived in Korea on 24 December 1965 and he was assigned to Battery C, 1st Battalion, 79th Artillery, 7th Infantry Division.  He departed Korea on 25 January 1967 for reassignment in the United States.  On 8 March 1967, the applicant reported to a unit located at Fort Monmouth, New Jersey.

12.  Special Orders Number 164, dated 31 August 1965, published by Headquarters, 4th Basic Combat Training Brigade, United States Army Training Center, Infantry, Fort Dix, New Jersey, awarded the applicant the Marksman Badge with Rifle Bar. However, this award is not reflected on his DD Form 214.

13.  There are no orders or documents in the applicant's official military personnel records that show he was promoted to sergeant/pay grade E-5. 

14.  His DA Form 20 (Enlisted Qualification Record) shows in item 2 (Grade) the entry "E-4" and in item 33 (Appointments and Reductions) shows his grade as 
E-4 with an effective date of 15 August 1966.  The DA Form 20 also shows that the applicant reviewed his DA Form 20 on 8 March 1967, approximately four months prior to his separation from active duty.

15.  His DD Form 214 does not show award of the Armed Forces Expeditionary Medal; the United Nations Service Medal; the United Nations Medal; the Overseas Service Ribbon; the Army Service Ribbon; the Korean Presidential Unit Citation; the United Nations Truce Supervision Organization; the Defense Meritorious Service Medal; the "Korean Duty"; the Combat Action Ribbon; the Cold War Medal; the Korean Defense Service Medal; the Joint Service Achievement Medal; the Army Reserve Components Achievement Medal; the Army Good Conduct Medal; the Korean Service Medal; and the Armed Forces Service Medal in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Award or Authorized).

16.  The applicant's records show that he is entitled to award of the Armed Forces Expeditionary Medal for service in Korea for the period 20 December 1965 through 25 January 1967.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 
30 days, be engaged in direct support of the operation for 30 consecutive or 
60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.  This regulation shows that the Armed Forces Expeditionary Medal was awarded for service in Korea during the period 
1 October 1966 through 30 June 1974.

18.  The applicant's records do not show entitlement of the United Nations Service Medal or that he served a period of qualifying service for award of the United Nations Service Medal.

19.  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.

20.  The applicant's records do not show entitlement of the United Nations Medal or that he served a period of qualifying service for award of the United Nations Medal.

21.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the United Nations Medal.  This medal is awarded in the name of the Secretary General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon, the United Nations Truce Supervision Organization in Lebanon, the United Nations Military Observer Group in India and Pakistan, or the United Nations Security Forces, Hollandia.

22.  The applicant's records do not show entitlement of the Overseas Service Ribbon or that he served a period of qualifying service for award of the Overseas Service Ribbon.

23.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

24.  The applicant's records do not show entitlement of the Army Service Ribbon or that he served a period of qualifying service for award of the Army Service Ribbon.

25.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

26.  The applicant's records do not show entitlement of the Defense Meritorious Service Medal or that he served a period of qualifying service for award of the Defense Meritorious Service Medal.

27.  Army Regulation 600-8-22 shows that the Defense Meritorious Service Medal was established by Executive Order 11545, 9 July 1970.  It is awarded by the Secretary of Defense to officers of the Armed Forces of the United States whose exceptional performance of duty and contributions to national security or defense have been at the highest levels.  The prescribing directive for the DDSM is DOD 1348.33M (Manual of Military Decorations and Awards).

28.  The applicant's records do not show entitlement of the Combat Action Ribbon or that he served a period of qualifying service for award of the Combat Action Ribbon.

29.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  

30.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  

31.  The Korean Defense Service Medal 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.  

32.  The applicant's records do not show entitlement of the Joint Service Achievement Medal or that he served a period of qualifying service for award of the Joint Service Achievement Medal.

33.  Army Regulation 600-8-22 shows that the Joint Service Achievement Medal (JSAM) was authorized by the Secretary of Defense on 3 August 1983.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.

34.  The applicant's records do not show entitlement of the Army Reserve Components Achievement Medal or that he served a period of qualifying service for award of the Army Reserve Components Achievement Medal.

35.  Army Regulation 600-8-22 provides that the Army Reserve Components Achievement Medal is awarded to individuals whose Reserve Components service has been primarily in the Army Reserve or primarily in the National Guard.  At the time of the applicant's service, individuals must have been a member of an Army National Guard or Army Reserve Component troop program unit and have completed 4 years of qualifying service on or after 3 March 1971.

36.  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.  

37.  The applicant's records do not show entitlement of the Korean Service Medal or that he served a period of qualifying service for award of the Korean Service Medal.

38.  Army Regulation 600-8-22 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.

39.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that Battery C, 1st Battalion, 79th Artillery, 7th Infantry Division was cited for award of the Republic of Korea Presidential Unit Citation for the period 17 September 1950 through 27 March 1971 based on Department of the Army General Orders Number 50 dated 1971.  The applicant was assigned to the Battery C, 1st Battalion, 79th Artillery, 7th Infantry Division for the period 30 December 1965 through 25 January 1967.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he was given a temporary promotion to sergeant (E-5) and that it was supposed to have been noted in his official record.  

2.  There are no orders that show that the applicant was promoted to the rank of 
E-5.

3.  There is no evidence and the applicant did not provide evidence that shows that the applicant received a temporary promotion or that the applicant was promoted and/or served in the grade of E-5.  Therefore, this claim is without merit. 

4. The Board considered the applicant's request that his records be corrected to show award of the Armed Forces Expeditionary Medal.  Evidence of record shows that the applicant served a period of qualifying service in Korea for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his records to show award of the Armed Forces Expeditionary Medal.

5.  The Board considered the applicant's request that his records be corrected to show award of the United Nations Service Medal.  Evidence of record shows that applicant did not serve between 27 June 1950 and 27 July 1954.  Therefore, he is not entitled to award of the United Nations Service Medal.

6.  The Board considered the applicant's request that his records be corrected to show award of the United Nations Medal.  Evidence of record shows that the applicant did not serve for a period of six months or more in the service of the United Nations with the United Nations Observation Group in Lebanon, the United Nations Truce Supervision Organization in Lebanon, the United Nations Military Observer Group in India and Pakistan, or the United Nations Security Forces, Hollandia.  Therefore, he is not entitled to award of the United Nations Medal.

7.  The Board considered the applicant's request that his records be corrected to show award of the Overseas Service Ribbon.  Evidence of record shows that the applicant did not successfully complete an overseas tour after 1 August 1981.  Therefore, he is not entitled to award of the Overseas Service Ribbon.

8.  The Board considered the applicant's request that his record be corrected to show award of the Army Service Ribbon.  Evidence of record shows that the applicant did not serve in an active reserve status after 1 August 1981.  Therefore, he is not entitled to award of the Army Service Ribbon.

9.  The Board considered the applicant's request that his records be corrected to show award of the Defense Meritorious Service Medal.  There is no evidence which shows that the applicant was recommended for or was awarded the Defense Meritorious Service Medal.  Therefore, he is not entitled to award of the Defense Meritorious Service Medal.

10.  The Board considered the applicant's request that his records be corrected to show award of the Combat Action Ribbon.  The Combat Action Ribbon is a Department of the Navy award and this Board does not have the authority to authorize award of the Combat Action Ribbon in this case.

11.  The Board considered the applicant's request that his records be corrected to show award of the Korean Defense Service Medal (KDSM).  The Board cannot act on this request at this time because the KDSM was just recently approved as part of the Fiscal Year 2003 Defense Authorization Act, the medal has not yet been designed, and the medal has not been funded.  The responsible agency anticipates it could take up to a year for those who are eligible to begin to receive the award.  

12.  The applicant is advised to wait until instructions are published regarding procedures for requesting and issuing the KDSM before he submits an application to this Board requesting correction of his records to show the KDSM.

13.  The Board considered the applicant's request that his records be corrected to show award of the Joint Service Achievement Medal.  This is an award authorized by the Department of Defense and this Board is not authorized to award the Joint Service Achievement Medal in this case.

14.  Evidence of record shows that the applicant did not serve in the armed services after 3 August 1983.  Therefore, he is not entitled to award of the Joint Service Achievement Medal.

15.  The Board considered the applicant's request that his records be corrected to show award of the Army Reserve Components Achievement Medal.  Evidence of record shows that the applicant did not complete 4 years of qualifying service in the Army National Guard or an Army Reserve Component troop program unit on or after 3 March 1971.  Therefore, he is not entitled to award of the Army Reserve Components Achievement Medal.

16.  The Board considered the applicant's request that his records be corrected to show award of the Good Conduct Medal.  Evidence of record shows that the applicant is entitled to award of the Good Conduct Medal for the period 19 July 1965 through 18 July 1967 based on completion of qualifying service ending with termination of his Federal military service.

17.  The Board considered the applicant's request that his records be corrected to show award of the Korean Service Medal.  Evidence of record shows that the applicant did not service in the Korean theater of operations between 27 June 1950 and 27 July 1954.  Therefore, he is not entitled to award of the Korean Service Medal.

18.  The Board noted that the applicant requested award of the " United Nations Truce Supervision Organization."  There is no indication that such an award exists.  The Board noted that the United Nations Medal is awarded to individuals that that served in the United States Truce Supervision Organization in Lebanon, however, there is no indication in the applicant's service records that he served in the United States Truce Supervision Organization in Lebanon. 

19.  The Board also noted that the applicant requested a "Korean Duty" medal.  There is no indication that such an award exists.  However, the Board determined that the applicant is entitled to correction of his records to show award of the Republic of Korea Presidential Unit Citation. 

20.  The Board determined that the applicant is entitled to correction of his records to show award of the Marksman Badge with Rifle Bar. 

21.  In view of the foregoing findings and conclusions, it would 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 the individual concerned was awarded the Armed Forces Expeditionary Medal, the Good Conduct Medal, Republic of Korea Presidential Unit Citation and the Marksman Badge with Rifle Bar.

2.  That so much of the application as pertains to advancement to sergeant/pay grade E-5, the United Nations Service Medal; the United Nations Medal; the Overseas Service Ribbon; the Army Service Ribbon; the Korean Presidential Unit Citation; the United Nations Truce Supervision Organization; the Defense Meritorious Service Medal; the "Korean Duty"; the Combat Action Ribbon; the Cold War Medal; the Korean Defense Service Medal; the Joint Service Achievement Medal; the Army Reserve Components Achievement Medal; the Korean Service Medal; and the Armed Forces Service Medal be denied.

BOARD VOTE:  

__RJW__  ___MHM_  __MVT__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Mr. Raymond J. Wagner  
		        CHAIRPERSON

INDEX

CASE ID	AR2003084699	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/30	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.1000.0000	
2.		
3.		
4.		
5.		
6.