PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 June 2000                   
	DOCKET NUMBER:   AR1999030836

	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:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis 		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 item 22c (Foreign and or Sea Service) on his DD Form 214 with an effective date of 31 May 1968 be corrected to show his total overseas service; a Letter of Appreciation in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized); and award of the United Nations Service Medal, the Korean Campaign with three battle stars (correctly known as the Korean Service Medal with three bronze service stars), the European Occupation Medal (correctly known as the Army of Occupation Medal with Germany Clasp), the Far East Occupation Medal (correctly known as the Army of Occupation Medal with Japan Clasp), the Army Commendation Medal and the U.S. Presidential Unit Citation (correctly known as the Republic of Korea Presidential Unit Citation).    

3.  The applicant states, in effect, that his DD Form 214 is incorrect and he is entitled to the awards and decorations stated above.  In support of his application, he submits a copy of USAR retirement orders dated 24 September 1982; a copy of his DD Form 214 with an effective date of 31 May 1968;  a copy of his retirement orders dated 20 March 1968; a citation for award of the Army Commendation Medal; a Letter of Appreciation, dated 15 April 1968; a Letter of Appreciation, dated 18 April 1968; a copy of Special Orders Number 12, dated
16 January 1967; promotion orders, dated 29 April 1966; Security Clearance document, dated 12 August 1965; separation orders, dated 8 November 1964; Special Orders Number 11, dated 13 January 1961; Special Orders Number 
106, dated 6 July 1959; a Request for Information letter, dated 7 December 1959; separation orders, dated 8 December 1957; a detailed five-page document describing the applicant’s duties and responsibilities prepared by the applicant; a DD Form 398 (Statement of Personal History); an instruction sheet for completing an application for Korean Conflict Veterans’ Compensation; and information on the National Korean War Veterans Database.   

4.  The applicant’s military records show that he completed over 20 years of active duty service on 31 May 1968 when he retired in the rank of staff sergeant.

5.  Item 22c (Foreign and or Sea Service) on the applicant’s DD Form 214 with an effective date of 31 May 1968 shows he completed one year and one month of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form
214 shows the National Defense Service Medal and the Good Conduct Medal
(4th Award) as authorized awards. 

6.  The applicant’s DD Form 214 with an effective date of 7 December 1951 shows the Army of Occupation Medal with Japan Clasp, the Good Conduct Medal and the Korean Service Medal with three bronze service stars as authorized awards.  Therefore, the applicant’s request for award of the Army of Occupation Medal with Japan Clasp and the Korean Service Medal with three service stars will not be discussed further in the proceedings.
7.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 6 January 1966 through
5 February 1967, a total of one year and one month.   

8.  There is no indication in the available records that the applicant served in Germany between 9 May 1945 and 5 May 1955.

9.  Headquarters, 6th Infantry Division and Fort Campbell General Orders Number 109, 23 April 1968, shows the applicant was awarded the Army Commendation Medal.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was assigned to an unit which was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 41-55.

11.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

12.  Army Regulation 635-5 provides that item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

13.  Army Regulation 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.

14.  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.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  Qualifying service for the Berlin clasp is from 9 May 1945 and 2 October 1990.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that there is a mistake in item
22c (Foreign and or Sea Service) on his DD Form 214 with an effective date of 31 May 1968 because his total years of overseas service are not reflected.  However, evidence of record shows the applicant completed one year and one month of foreign service during the period covered by that DD Form 214.  Therefore, in accordance with the governing regulation, item 22c on his DD Form 214 is correct as currently constituted. 

2.  The applicant’s contention that his Letter of Appreciation is missing from his DD Form 214 was also noted by the Board.  However, in accordance with the governing regulation, Letters of Appreciation and similar documents are not recorded on the DD Form 214.

3.  The applicant was awarded the Korean Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show award of the United Nations Service Medal.

4.  Although the applicant contends that he is entitled to the Army of Occupation Medal with Germany Clasp, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he served in Germany. Therefore, he is not entitled to award of the Army Occupation Medal with Germany Clasp.

5.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The applicant’s unit was cited for the Republic of Korea Presidential Unit Citation while he was a member assigned to it; therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  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 United Nations Service Medal, the Army Commendation Medal and the Republic of Korea Presidential Unit Citation. 

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

BOARD VOTE:  

EB______  JHK____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elizabeth Buchanon_
		        CHAIRPERSON

INDEX

CASE ID	AR1999030836	
SUFFIX		
RECON		
DATE BOARDED	20000613	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680531	
DISCHARGE AUTHORITY	Title 10 US Code Section 3914 Y Para 175	
DISCHARGE REASON	Retirement over 20 years	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0085	
3.	107.0020	
4.	107.0092	
5.		
6.