PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            5 April 2000
	DOCKET NUMBER:   AR1999031915

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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 all awards that were excluded from his DD Form 214 (Report of Separation From the Armed Forces of the United States) be added to his record.

3.  The applicant states, in effect, that certain awards were not included in his separation documents and they should be added to his record at this time.  He specifically requests that the Army of Occupation Medal (AOM); the National Defense Service Medal (NDSM); the United Nations Service Medal (UNSM); and the Army Good Conduct Medal (AGCM) be included.  

4.  The applicant’s military records show that he served on continuous active duty from 7 July 1950 to 6 July 1953, at which time he was honorably discharged in the rank of sergeant.  His DD Form 214 documents that he served in Korea for 1 year, 11 months, and 16 days and that he earned the Korean Service Medal (KSM) with 3 bronze service stars.  In addition, the DD Form 214 verifies that he had no lost time during his enlistment, and further, it is void of any derogatory information. 

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-10 (The National Defense Service Medal) states that the NDSM was established by Executive Order 10448, 22 April 1953, as amended by Executive Order 11265, 11 January 1966 and Executive Order 12776, 18 October 1991.  It also states, in pertinent part, that it is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

6.  Chapter 4, Section I (Army Good Conduct Medal) of the regulation contains the criteria for awarding the AGCM.  The AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. 

7.  Paragraph 4-4 provides the basis for award of the AGCM and states, in pertinent part, that the immediate unit commander's decision to award the AGCM will be based on his or her personal knowledge and of the individual's official records for periods of service under previous commanders during the period for which the award is to be made.  It also states, in pertinent part, that the lack of official disqualifying comment by previous commanders qualifies the use of such period toward the award by current commander. 

8.  Paragraph 4-5 states, in pertinent part, that each 3 years of enlisted active Federal military service completed on or after 27 August 1940 qualifies a member for award of the AGCM.

9.  Paragraph 5-10 (Army of Occupation Medal) outlines the criteria for award of the AOM.  It states, in pertinent part, that qualifying service in Korea must have been performed between 3 September 1945 and 29 June 1949.  In addition, it contains no authorization for this award for the any period of service in Korea after this period.  This paragraph specifically states, in pertinent part, that service which meets the requirements for the KSM will not be counted in determining eligibility for this medal.

10.  Paragraph 9-12 (United Nations Service Medal) contains guidance for awarding the UNSM.  The UNSM was established by United Nations General Assembly Resolution 483(V), 12 December 1950.  Presidential acceptance for the United States Armed Forces was announced by the Department of Defense on 27 November 1951.  It states, in pertinent part, that members of the Armed Forces of the United States dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea are qualified for award of the UNSM.  In addition, the regulation makes clear that personnel awarded the KSM automatically establish eligibility for the UNSM. 

CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, the Board has determined that he did qualify for the NDSM based on the identified qualifying periods of his service.  Although the NDSM was established subsequent to his discharge, the Board concluded, in the interest of equity, that  it would be appropriate to add the NDSM to the applicant’s record at this time.  

2.  The Board further determined that the applicant should receive the AGCM for his qualifying honorable service from 7 July 1950 to 6 July 1953.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude him being awarded the AGCM and the lack of any specific action by any of his unit commander’s to disqualify him from receiving the award.  

3.  In addition, the Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that  this error should be corrected and the applicant should receive the AGCM at this time.

4.  The Board found no basis to award the applicant the AOM.  In order to qualify for this award, based on service in Korea, the Korean service must have been performed between 3 September 1945 and 29 June 1949.  The applicant’s Korean service was performed well after this period and resulted in his earning the KSM.  Therefore, relief is not warranted in this area.  
5.  Members of the Armed Forces of the United States dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea are qualified for award of the UNSM.  Further, receiving the KSM automatically establishes a member’s entitlement to the UNSM.  The record clearly establishes that the applicant is authorized the UNSM based on his service in Korea.  Thus, the Board concluded that it would be appropriate to add the UNSM to the applicant’s record at this time.  

6.  In view of the foregoing, the applicant’s records should be corrected 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 following awards and decorations:

	a.  The NDSM for his honorable active service served between 27 June 1950 and 27 July 1954;

	b.  The AGCM for his 3 year period of service between 7 July 1950 and 
6 July 1953; and 

	c.  The UNSM based on his service in Korea.

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

BOARD VOTE:  

___sk ___  ___rvo__  ___le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR1999031915	
SUFFIX		
RECON		
DATE BOARDED	2000/04/05	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1953/07/06	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1. 46	107.0000	
2. 102	107.0056	
3. 115	107.0069	
4. 132	107.0086	
5.		
6.