MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 August 2003     
	DOCKET NUMBER:   AR2003086963

	I certify that hereinafter is recorded the record of consideration 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. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Korean Service Medal for his service in Japan as part of the Far East Command.

APPLICANT STATES:  In effect, that he is entitled to award of the Korean Service Medal because he served on Honshu, Japan, from the end of May 1953 to 31 October 1954 with the XVI Headquarters Military Police.  In support of his application, he submits a letter, dated 27 January 2003, from the U.S. Total Army Personnel Command to a Member of Congress; two letters, dated 14 January 2003 and 7 November 2002, from a Member of Congress; a letter, dated 
20 November 2002, from the U.S. Total Army Personnel Command to a Member of Congress; two Morning Reports; Department of the Army General Orders Number 27, dated 3 July 1956; and Department of the Army General Orders Number 39, dated 9 June 1955.    

EVIDENCE OF RECORD:  The applicant's military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the DD Form 214 (Report of Separation from the Armed Forces of the United States).  

The applicant's reconstructed records show he was inducted on 12 December 1952.  His DD Form 214 shows that his most significant duty assignment was the Military Police Platoon XVI Corps.  On 19 November 1954, the applicant was honorably discharged in the rank of corporal.

There is no evidence in the available records which shows the applicant served in Korea between 27 June 1950 and 27 July 1954.

Department of the Army General Orders Number 39, dated 9 June 1955, established a list of units not physically located within the territorial limits of Korea which were designated by the Commander in Chief Far East as having directly supported the military effort in Korea.  The applicant's unit is not listed in these orders as an eligible unit of assignment for award of the Korean Service Medal.

There is no evidence in the available records which shows the applicant was awarded a certificate by the Commander in Chief, Far East, testifying to his material contribution made in direct support of military operations in Korea.

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.  Personnel assigned to units not within the territorial limits or adjacent waters of Korea, under the operational control of the Commander in Chief, Far East, which were designated as having directly supported the military efforts in Korea were also eligible for the award.  Individuals who were awarded a certificate by the Commander in Chief, Far East, testifying to their material contribution made in direct support of military operations in Korea can also be authorized this medal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he met the eligibility criteria for award of the Korean Service Medal.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Korean Service Medal in this case. 

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

AAO____  TL_____  HBO_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003086963	
SUFFIX		
RECON		
DATE BOARDED	20030828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0070	
2.		
3.		
4.		
5.		
6.