PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          6 November 2003     
	DOCKET NUMBER:  AR2003089259

	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. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 Separation from the Armed Forces of the United States) to show award of the National Defense Service Medal, the Korean Service Medal, the Republic of Korea Presidential Unit Citation, and the Good Conduct Medal.

3.  The applicant states that his awards were not documented on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214 and a DD Form 481-3 (Clinical Record Cover Sheet), dated 15 May 1956.  

4.  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 and DD Form 481-3.   

5.  The applicant's reconstructed records show he enlisted on 12 August 1954 for a period of 3 years.  He served as a combat engineer assigned to the 8042nd Army Unit in Korea and was honorably discharged in the rank of specialist third class on 9 August 1957 after completing 2 years, 11 months and 28 days of creditable service. 

6.  The applicant's DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar as authorized awards.  

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict.  This document shows the applicant's unit was not cited for award of the Republic of Korea Presidential Unit Citation while he was assigned to it. 

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  

9.  Army Regulation 600-8-22 (Military Awards) 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Korea Presidential Unit Citation is awarded by the Korean government.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal 
military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

CONCLUSIONS:

1.  The applicant did not serve a period of qualifying service for award of the National Defense Service Medal or the Korean Service Medal.  Therefore, there is no evidence on which to base award of the National Defense Service Medal or the Korean Service Medal in this case.

2.  The Department of the Army Pamphlet 672-1 shows the applicant's unit was not cited for award of the Republic of Korea Presidential Unit Citation.  Therefore, there is no evidence on which to base award of the Republic of Korea Presidential Unit Citation in this case.  

3.  The applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 12 August 1954 through 9 August 1957 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant's DD Form 214 should be corrected to show this award.

4.  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 by showing the applicant was awarded the first award of the Good Conduct Medal for the period 12 August 1954 through 9 August 1957.

2.  That the applicant's DD Form 214 be corrected to show the first award of the Good Conduct Medal.
3.  That so much of the application as pertains to award of the National Defense Service Medal, the Korean Service Medal, and the Republic of Korea Presidential Unit Citation be denied.

BOARD VOTE:  

SK_____  RJW____  MMB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2003089259	
SUFFIX		
RECON		
DATE BOARDED	20031106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.