PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 July 2000
	DOCKET NUMBER:   AR1999029917

	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	
	Mr. Joseph A. Adriance 		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		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, that he receive the National Defense Service Medal (NDSM); the Army Good Conduct Medal (AGCM); and the Republic of Korean Presidential Unit Citation (ROKPUC).  

3.  The applicant states, in effect, that the service he performed should qualify him for the awards and decorations he requested.  

4.  The applicant’s military records were 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 in that fire.  The applicant did provide a copy of a properly constituted DD Form 214 (Report of Separation From the Armed Forces of the United States), which was issued to and signed by him upon his separation from active duty.  

5.  On 1 August 1951, the applicant was inducted into the Army of the United States.  He continuously served on active duty, for 1 year, 9 months, and 
13 days, until being honorably separated, in the rank of sergeant, on 13 May 1953.

6.  The DD Form 214 verifies that the applicant served overseas in Korea, with Company B, 179th Infantry Regiment, APO 86, for 1 year and 10 days of his enlistment.  It also shows, in block 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he earned the Combat Infantryman Badge (CIB); the United Nations Service Medal (UNSM); and the Korean Service Medal with/2 bronze service stars (bss) for his service in Korea.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-10 states that the NDSM was established by Executive Order 10448, 22 April 1953, as amended by Executive Order 11265, 11 January 1966 and Executive Order 12776, 18 October 1991.  It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 
1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 to a date to be determined. 

8.  Chapter 4 (AGCM) of the awards regulation indicates that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953. It is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.

9.  Paragraph 4-4, gives the specific criteria for approval of the AGCM.  It states, in pertinent part, that it is the immediate commander’s decision to award the AGCM based on his personal knowledge of the individual and on the individual’s official records.  It further states that the lack of official disqualifying comment by previous commanders qualifies the use of the period of service for granting the award.  

10.  Paragraph 4-5 of the regulation defines periods of service which qualify for award of the AGCM.  It states, in pertinent part, that for the first award of the AGCM only, if a member would qualify for the award if their service terminated after 27 June 1950 and they had completed more than 1 year of service.  There is no indication in the evidence of record that the applicant had committed any infractions that would have disqualified him from receiving the AGCM or that he was disqualified for the award by his immediate commander.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II and the Korean War.  The numerical listing contained in this publication shows that soldiers who served with the 179th Infantry Regiment, the applicant’s unit between 10 December 1951 and 31 July 1953, were awarded the ROKPUC.  This award was codified in General Order Number 30-54. 

CONCLUSIONS:

1.  After carefully reviewing the applicant’s record of service and the evidence of record, the Board concluded that the applicant was qualified for and should have been awarded the AGCM upon his separation from active duty on 13 May 1953.  The record shows that he clearly completed the qualifying period of service of 
1 year or more for first term soldiers.  There is no indication of derogatory information which would have prevented the award, and no evidence that the applicant was denied the award for cause by his unit commander.  

2.  In addition, the applicant clearly qualifies for award of the NDSM based on the fact that a portion of his honorable service was performed between 27 June 1950 and 27 July 1954, which is a defined period of the regulation which authorizes the award of the NDSM.

3.  Further, it is clear that everyone who served in the applicant’s unit in Korea between 10 December 1951 and 31 July 1953 was authorized the ROKPUC.  This award is codified in DA PAM 672-1 and was authorized by General Order Number 30-54.  Therefore, the Board determined it would be appropriate to add this award to the applicant’s record at this time. 

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the individual concerned earned the AGCM for the period 1 August 1951 through 13 May 1953; 

	b.  showing that the individual concerned earned the NDSM; and 

c.  showing that the individual concerned earned the ROKPUC for his service with the 179th Infantry Regiment in Korea.

2.  That the individual concerned be issued a correction to his DD Form 214, which adds the awards indicated in the preceding paragraph to block 
27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  

BOARD VOTE:  

___sac__  __amc___  __klw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR1999029917	
SUFFIX		
RECON		
DATE BOARDED	2000/07/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1953/05/13	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 46	107.0000	
2.		
3.		
4.		
5.		
6.