PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 August 1999                   
	DOCKET NUMBER:   AR1998013862

	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. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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 award of the National Defense Service Medal and that his separation document be corrected to reflect that he served in Korea while on active duty between 1955 and 1957.  He states that he needs verification of his service in Korea to become a member of the VFW.

3.  Records available to the Board indicate the applicant entered active duty on 
1 February 1955 and arrived in Korea in December 1955.  While in Korea he served as an artilleryman with the 75th Field Artillery Battalion.  He returned to the United States in January 1957 and on 22 January 1957 was released from active duty with an honorable characterization of service.

4.  Army Regulation 600-8-22, which establishes the policies and provisions for award of military decorations, states that the National Defense Service Medal was established in 1953 and awarded for honorable active service for any period between 27 June 1950 and 27 July 1954 and 1 January 1961 and 14 August 1974.  It was also authorized for award following the Gulf War.

5.  Army Regulation 635-5, which establishes the policies and provisions for the completion of the DD Form 214 provides no provisions for specifying the location or duration of specific assignments covered by the total period of foreign service recorded on the report of separation.

6.  Army Regulation 600-8-22 also 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. 

CONCLUSIONS:

1.  The evidence confirms that while the applicant did serve in Korea his period of active duty was during a time when the National Defense Service Medal was not being awarded.  As such the applicant is not entitled to the decoration.

2.  The Board notes, however, that although there are no specific provisions for citing the location of an overseas assignment because of the fact that the applicant has no other basis for verifying his service in Korea it would be appropriate, and in the interest of just to reflect in item 32 (remarks) on his DD Form 214 that he served in Korea between December 1955 and January 1957 in spite of the fact that he is authorized no service decorations associated with that overseas service.

3.  The Board also notes the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 22 January 1957.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal nor is there any evidence which would serve as a basis to deny him the award for the period 1 February 1955 through 22 January 1957.

4.  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:

a.  by showing in item 32 (remarks) on the applicant’s DD Form 214 that he served in Korea between December 1955 and January 1957; and

b.  by awarding him the Army Good Conduct Medal for the period 1 February 1955 through 22 January 1957.

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

BOARD VOTE:  

___jhk__  __wtm___  ___jpi__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998013862	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990811	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2. 110.00		
3.		
4.		
5.		
6.