PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            12 April 2000     
	DOCKET NUMBER:   AR1999031766

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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 that his records be corrected to reflect entitlement to the United Nations Service Medal, the National Defense Service Medal and the Army Good Conduct Medal.  He also notes that item 29 (wounds) on his DD Form 214 should reflect that he was wounded in the upper right leg, not the lower right leg.

3.  Records available to the Board indicate the applicant entered active duty on 31 December 1948 and served nearly 27 months overseas where he was awarded the Korean Service Medal, a Bronze Star Medal and the Purple Heart.  

4.  He was released from active duty on 30 December 1951 in the grade of Corporal with an honorable characterization of service.  There is no evidence of lost time or any derogatory information.  Item 29 (wounds) on his DD Form 214 indicates he was wounded in the lower right leg on 16 July 1950.

5.  Records maintained by the Office of the Surgeon General indicate that he was wounded in the "thigh" on 16 July 1950 as a result of enemy action.

6.  Army Regulation 600-8-22, which establishes the policy and provision for the authorization of military decoration states that the National Defense Service Medal was established in April 1953 and awarded for honorable active service between 27 June 1950 and 27 July 1954.  The United Nations Service Medal was established in December 1950.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

7.  Army Regulation 600-8-22 also 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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded in the thigh as he contends and as such it would be appropriate to correct item 29 (wounds) on his DD Form 214 accordingly.

2.  The evidence also confirms that the applicant is entitled to award of the United Nations Service Medal and the National Defense Service Medal based on his service in Korea.
3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 30 December 1951.  There is no evidence in available records that would preclude award of the Good Conduct Medal.  As such it would be appropriate to award the applicant an Army Good Conduct Medal for the period 31 December 1948 through 30 December 1951.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

a.  by awarding the individual concerned the United Nations Service Medal and National Defense Service Medal;

b.  by awarding him the Army Good Conduct Medal for the period 
31 December 1948 through 30 December 1951; and

c.  by correcting item 29 (wounds) on his DD Form 214 to show that he was wounded in the thigh on 16 July 1950.

BOARD VOTE:  

___rgh__  ___bje__  ___jps__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031766	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.