PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            11 July 2000                
	DOCKET NUMBER:    AR1999033479

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger W. Able		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 DD Form 214 (Report of Transfer or Discharge) be corrected to show his service in Korea and all badges and awards earned.

3.  The applicant states that his DD Form 214 incorrectly shows that he served in United States Army Europe (USAREUR) instead of Korea and does not reflect any of the badges or awards he earned.  He contends that the DD Form 214 doesn’t reflect the following badges: M1 Rifle, Grenade, Browning Automatic Rifle, Flame-thrower, 45 Caliber Pistol or the Drivers Badge - Army Personnel Carrier.  He contends that he is also entitled to the following awards: Good Conduct Medal (GCMDL), National Defense Service Medal (NDSM), Armed Forces Expeditionary Medal (AFEM) the Valorous Unit Award (VUA) and the Presidential Unit Citation (PUC).  The latter two awards were earned while assigned to Headquarters Company, 1st Battle Group, 5th Cavalry, 1st Cavalry Division.  (The applicant also listed the acronyms MK and MSM as badges earned, but since it could not be determine what these initials stood for they will not be addressed further).

4.  The applicant’s military records show that he enlisted in the Regular Army on 28 November 1960, served in Korea from 1 October 1961 – 14 December 1962, and was honorably discharged on 27 November 1963.

5.  There are no awards or badges shown on his DD Form 214.  However, his record shows that he is entitled to the Expert Badge with Automatic Rifle Bar, the Sharpshooter Badge with Rifle Bar, and the Marksmanship Badge with Carbine Bar.

6.  On 12 June 1963 the applicant accepted nonjudicial punishment (NJP) for failing to obey a regulation.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the following decorations for the reasons stated:

a.  The GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the GCMDL.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual.  The unit commander will consider the affected individual's statement. If the commander's decision remains the same, the commander will forward his or her statement, the individual's statement, and his or her consideration for filing in the individual's DA Form 201 (Military Personnel Records Jacket) (MPRJ). 

b.  The NDSM 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.

c.  The AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

d.  The VUA is awarded to units of the Armed Forces of the United States. for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. 

e.  The PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not list the Headquarters Company, 1st Battle Group, 5th Cavalry, 1st Cavalry Division as a recipient of the VUA or the PUC.

CONCLUSIONS:

1.  The applicant’s record reflects that he served in Korea and not in USAREUR as shown on his DD Form 214.  His contention that the acronym USAREUR on the DD Form 214 should be replaced with the entry Korea is correct.

2.  The record also reflects that he was awarded the Expert Badge with Automatic Rife Bar, the Sharpshooter Badge with Rifle Bar, and the Marksmanship Badge with Carbine Bar, which should be added to his              DD Form 214.

3.  Since the applicant’s service was during the period of service that allows for award of the NDSM, he is entitled to that award.

4.  There is no evidence in the applicant’s record that his commander disqualified his period of service for award of the GCMDL.  Without a disqualifying statement the applicant should be awarded the GCMDL for the period 28 November 1960 – 27 November 1963.
5.  The applicant’s contentions have been noted.  However, neither the information provided with the application nor the evidence in the available record supports his request for marksmanship badges for the Grenade, the Flame-Thrower, the 45 Caliber Pistol, the Driver Badge or award of the AFEM, the VUC or the PUC.

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:

	a.  issuing to him a correction to his DD Form 214 showing that his overseas service was in Korea instead of USAREUR;

	b.  showing that he is entitled to the NDSM, the GCMDL, the Expert Badge with Automatic Rife Bar, the Sharpshooter Badge with Rifle Bar, and the Marksmanship Badge with Carbine Bar; and

	c.  issuing to him all of the awards mentioned above.

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

BOARD VOTE:  

___rjw___  ___js___  ___ra ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond J. Wagner______
		        CHAIRPERSON

INDEX

CASE ID	AR1999033479	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000711	
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	
2.		
3.		
4.		
5.		
6.