PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            8 June 2000       
	DOCKET NUMBER:   AR1999031653

	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. Shirley L. Powell		Chairperson	
	Ms. Lana e. McGlynn		Member	
	Mr. Arthur A. Omartian		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 Republic of Korea Presidential Unit Citation, the Good Conduct Medal, the National Defense Service Medal and the Army of Occupation Medal with Japan Clasp. 

3.  The applicant states, in effect, that he is entitled to the aforementioned awards and they are not reflected on his discharge document.  In support of his application, he submits a copy of his DD Form 214 and a copy of an unspecified personnel form dated 17 July 1953. 

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 18 July 1950 for a period of 3 years.  He served as a pole lineman in Korea and was honorably discharged on 17 July 1953. 

5.  The applicant’s DD Form 214 does not show the Republic of Korea Presidential Unit Citation, the Good Conduct Medal, the National Defense Service Medal or the Army of Occupation Medal with Japan Clasp as authorized awards. 

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 41-55. 

7.  There is no evidence of record that the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.

8.  The applicant provided a copy of an unspecified personnel form, dated 
17 July 1953, which shows that he served in Japan for 7 months during his enlistment.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during the Korean conflict.  This document shows the unit to which the applicant was assigned, the 50th Signal Battalion, did not receive occupation credit for Japan.

9.  Army Regulation 600-8-22 (Military Awards) 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.  

10.  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.

11.  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 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.  Service between 3 September 1945 and 
2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

CONCLUSIONS:

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

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 18 July 1950 through 17 July 1953 based on completion of 3 years of qualifying active duty enlisted service.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  The applicant is entitled to the National Defense Service Medal for his honorable service between 27 July 1950 through 27 July 1954.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Although the applicant contends that he is entitled to the Army of Occupation Medal with Japan Clasp, evidence of record shows the applicant’s unit did not receive occupation credit for Japan while he was assigned to it.  In the absence of credit for occupation service, members of an unit are not eligible for award of the Army Occupation Medal.  Therefore, he is not entitled to award of the Army of Occupation Medal with Japan Clasp.

5.  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 first award of the Good Conduct Medal for the period of 18 July 1950 through 17 July 1953 and the National Defense Service Medal.

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

BOARD VOTE:  

SLP_____  LEM____  AAO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031653	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530717	
DISCHARGE AUTHORITY	AR 615-360  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0092	
2.	107.0056	
3.	107.0069	
4.	107.0067	
5.		
6.