MEMORANDUM OF CONSIDERATION

           IN THE CASE OF:  

	BOARD DATE:          18 July 2000
	DOCKET NUMBER:  AR1999031699

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of his military records to show that he is entitled to the Korean Service Medal (KSM).

APPLICANT STATES:  In effect, that he should have received the KSM for his Korean service between October 1954 and March 1956.  He submits a DD Form 214 (Report of Separation from the Armed Forces of the United States), issued on 
14 March 1956 in support of his request.   

EVIDENCE OF RECORD:  The majority of the applicant’s records that are available are for his periods of service well beyond 1956.

The applicant served in the Regular Army (RA) from 5 May 1953 until he was honorably discharged on 14 March 1956.  He had completed 2 years, 
10 months, and 10 days of active military service.  He has 1 year, 4 months and 16 days overseas duty, but the overseas duty location is not shown in his records.

His DD Form 214 for the period of service under review shows that he was authorized the National Defense Service Medal.  The available records do not show that he was ever authorized award of the KSM.

On 16 October 1956, he enlisted in the United States Army Reserve (USAR) and served until he was honorably released and assigned to the USAR Control Group (Retired) on 23 September 1991, with the rank of chief warrant officer 
(W-4).  

Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  There is no evidence in the applicant's record to indicate that he was entitled to award of the KSM.  In fact, if he served in Korea during the timeframe in which he contends, he still would not be entitled to receive the award.  He must have served in Korea between 27 June 1950 and 27 July 1954 to be qualified to receive the KSM.

3.  In view of the foregoing, there is no basis for granting the applicant’s request. 

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__gdp___  __eb ___  __mvt____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

						

INDEX

CASE ID	AR1999031699	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910923	
DISCHARGE AUTHORITY	AR635-200, Chapter 4  	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0070	
2.		
3.		
4.		
5.		
6.