PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 April 2000                  
	DOCKET NUMBER:   AR1999029940

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. Thomas A. Pagan		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, award of the Combat Infantryman Badge (CIB), an unspecified unit citation, the Vietnam Service Medal, the Armed Forces Expeditionary Medal (AFEM), the Army of Occupation Medal and the Oversea Service Bar. 

3.  The applicant states, in effect, that he came under fire by the North Koreans in 1963/1964 and is entitled to the CIB, that while assigned to the 
228th Ordnance, 2nd Log Command, he was informed that an unit citation was awarded to all in the 228th Ordnance, and that he is entitled to the Vietnam Service Medal for his service in Korea which included direct support to units going to Vietnam.  He also contends that he was informed that he may be eligible for the AFEM, the Army of Occupation Medal and the Oversea Service Bar.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and his DA Form 20 (Enlisted Qualification Record).      

4.  The applicant’s military records show that he enlisted on 20 August 1962 for a period of 3 years.  He served as an equipment repairman in Korea and was honorably discharged on 19 August 1965.   

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the CIB, any unit citations, the Vietnam Service Medal, the AFEM, the Army of Occupation Medal or the Oversea Service Bar as authorized awards.   

6.  There are no orders in the applicant’s personnel records for the CIB.  His records show that he served as an equipment repairman in military occupational specialty (MOS) 34B20.

7.  The applicant’s personnel records show that he was assigned to the
7th Admin Company, 7th Infantry Division, during his assignment in Korea from 
17 August 1963 to 28 August 1964.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 7th Infantry Division, is entitled to award of the Republic of Korea Presidential Unit Citation based on Department of the Army General Orders Number 50, dated 1971.  This award is not shown on his DD Form 214.

8.  There is no indication in the applicant’s personnel records that he served in Vietnam.  However, his records show that he served in “USARPAC (Korea)” [United States Army Pacific Korea] from 17 August 1963 through 28 August 1964. 

9.  There is no evidence in the applicant’s records which shows the applicant served a period of qualifying service for award of the AFEM.

10.  There is no evidence in the applicant’s records which shows he served a period of qualifying service for award of the Army Occupation Medal.
11.  The applicant’s personnel records show that he served a period of qualifying service (20 August 1962 to 19 August 1965) for award of the National Defense Service Medal.  This award is not shown on his DD Form 214.  

12.  There is no evidence in the applicant’s personnel records that he was considered for the first award of the Good Conduct Medal.  There also is no evidence of record that his chain of command took any action to disqualify him from receiving the Good Conduct Medal.  There is no indication of indiscipline or other adverse action in the applicant’s records.  

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.   

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The regulation also states that members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace thereover, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 
30 days, be engaged in direct support of the operation for 30 consecutive or
60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in the regulation and show the AFEM was authorized for service in Korea from 
1 October 1966 to 30 June 1974.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  Qualifying service for Korea must have been between 3 September 1945 and 29 June 1949, inclusive.

17.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There is no authority stated in the governing regulation or Department of the Army message which authorizes award of Oversea Service Bars for Korea during the period August 1963 to August 1964.

18.  Army Regulation 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.

19.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the CIB.  The applicant was not awarded an infantry military occupational specialty and did not serve in an infantry unit or infantry position in combat.  Therefore, the applicant is not eligible for award of the CIB.  

2.  The applicant’s unit received the Republic or Korea Presidential Unit Citation while he was a member assigned to it; therefore, he is entitled to correction of his military records to show this award.

3.  The Board noted the applicant’s contention that his unit in Korea served in direct support of the units going to Vietnam.  However, evidence of record shows the applicant did not serve in Vietnam or serve in direct support of operations in Vietnam between 3 July 1965 and 28 March 1973.  Therefore, he is not entitled to the Vietnam Service Medal.  

4.  In accordance with the governing regulation, the AFEM was authorized for service in Korea from October 1966 to June 1974, not August 1963 to August 1964.  Therefore, the applicant is not entitled to this award.

5.  In accordance with the governing regulation, the Army of Occupation Medal was authorized for service in Korea between 3 September 1945 and 29 June 1949, not August 1963 to August 1964.  Therefore, he is not entitled to this award.

6.  In accordance with the governing regulation, the Oversea Service Bar was not authorized for service in Korea during the period August 1963 to August 1964.  Therefore, the applicant is not entitled to this award.

7.  The applicant is entitled to the National Defense Service Medal for his honorable service between 20 August 1962 through 19 August 1965.  Therefore, he is entitled to correction of his military records to show this award. 

8.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three-year period of qualifying Federal military service (active duty from 20 August 1962 through 19 August 1965).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

9.  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 that the individual concerned was awarded the Republic of Korea Presidential Unit Citation, the National Defense Service Medal and the Good Conduct Medal for the period 20 August 1962 through 19 August 1965.

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

BOARD VOTE:  

EB______  TAP____  KLW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elizabeth Buchanon__
		        CHAIRPERSON

INDEX

CASE ID	AR1999029940	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19650819	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0073	
3.	107.0072	
4.	107.0067	
5.	107.0079	
6.