MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            13 July 2000    
	DOCKET NUMBER:   AR1999031959

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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:  The applicant states that his DD Form 214  (Armed Forces of The United States Report of Transfer or Discharge), is incorrect because it does not show his period of service in Korea and being awarded the Korean Service Medal. 

APPLICANT STATES:  In essence that he served his time on the front line in Korea, with the 8th Army, 17th Infantry from 1954 to 1955.  He also states that based on his service in Korea, he is eligible to receive the Korean Service Medal. He submits no supporting information with his application.

EVIDENCE OF RECORD:  The applicant’s records are incomplete and may have been partially destroyed in the National Personnel Records Center fire in 1973.  

However, evidence of record available indicates that he enlisted in the Regular Army on 7 January 1954 for 3 years.  His records also indicate that he was awarded military occupational specialty (MOS) 631.10, (Wheel Vehicle Mechanic).  

The Board notes that the applicant’s dental records show that he was admitted for dental treatment on 3 October 1955.  He was assigned to the 1st Battalion, 17th Regiment.  This unit was part of the 7th Infantry Division, which was stationed in Korea during the applicant’s period of service from 1954-1956.  

On 19 December 1956, he was honorably separated under the Christmas Early Release Program and was transferred to the United States Army Reserve, III Military District.  His DD Form 214 shows that he had 2 years, 11 months and 
12 days active service.  Item 24c of the DD Form 214 (Statement of Service-Foreign and/or Sea Service) shows 1 year, 1 month and 19 days.  However, the inclusive dates or location of this service is not shown on the DD Form 214 or other documents in his records, except the dental record identified above.    

The applicant’s DD Form 214 also shows that his only award and decoration was the National Defense Service Medal. 

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 that 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.  The applicant’s service records were partially destroyed in the National Personnel Records Center fire of 1973.  Information gathered from his medical records and his DD Form 214 place him in Korea for approximately 13 months, but does not clearly show when he arrived or when he departed Korea.  

2.  Since the applicant failed to provide any documentary evidence to show when he arrived or departed Korea, the Board is unable to determine whether he is entitled to the Korean Service Medal.

3.  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. 

4.  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

__jlp_____  __mhm__  __jea___  DENY APPLICATION

    Carl W.S. Chun
    Director, Army Board for Correction
    Director

INDEX

CASE ID	AR1999031959	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19561219	
DISCHARGE AUTHORITY	AR 635-205	
DISCHARGE REASON	A107.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	A70.00	
2.	A107.116	
3.		
4.		
5.		
6.