RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 February 2004
	DOCKET NUMBER:   AR2003088981

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Linda M. Barker		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his DD Form 214 (Report of Separation From the Armed Forces of the United States) be corrected to reflect the United Nations Service Medal, the National Defense Service Medal, the Good Conduct Medal and all other medals to which he may be entitled.

2.  The applicant states, in effect, that his medals were omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records are 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 or destroyed in that fire.  This case is being considered using reconstructed records, which primarily consist of the records from the Office of The Surgeon General and a copy of the applicant's DD Form 214.

2.  The applicant is requesting correction of an error or injustice which occurred on 2 January 1952.  The application submitted in this case is undated; however, it has a receipt date of 9 April 2003.  

3.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

4.  The applicant’s military records show he enlisted in the Regular Army on 3 January 1949 for a period of 2 years and completed training in military occupational specialty (MOS) 4602 (Anti-aircraft Artillery, Automatic Weapons Crewman).  

5.  The applicant's military records show he was involuntarily retained for 365 days beyond his normal expiration of term of service on extension of enlistment under the provisions of Public Law 624 as amended by the 81st Congress.

6.  The applicant was honorably discharged from active duty on 2 January 1952 after completing 3 years of active military service.  His DD Form 214 shows the Korean Service Medal with 5 bronze service stars as his only award.

7.  The applicant’s DD Form 214 does not show the United Nations Service Medal, the National Defense Service Medal, and the Good Conduct Medal as authorized awards.

8.  Army Regulation (AR) 600-8-22 (Military Awards) 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.

9.  AR 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.

10.  AR 600-8-22 (Military Awards) 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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  The applicant is entitled to award of the Good Conduct Medal for the period 3 January 1949 through 2 January 1952.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.

2.  The evidence of record fails to show that the applicant was denied the Good Conduct Medal for disciplinary reasons, thus he is entitled to award of the Good Conduct Medal for the period 3 January 1949 through 2 January 1952.

3.  The evidence of record shows the applicant is entitled to award of the United Nations Service Medal based upon award of the Korean Service Medal.

4.  The evidence of record shows the applicant is entitled to award of the National Defense Service Medal based upon his period of service from 3 January 1949 through 2 January 1952.

BOARD VOTE:

__jns___  __rtd___  __lmb___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Good Conduct Medal for the period 3 January 1949 through 2 January 1952, the United Nations Service Medal, and the National Defense Service Medal.

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088981	
SUFFIX		
RECON		
DATE BOARDED	20040210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0085	
3.	107.0069	
4.	107.0056	
5.		
6.