MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           19 August 1999
	DOCKET NUMBER:   AR1999015674

	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. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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, that he be awarded the Korean Service Medal (KSM) for his service in Korea.

APPLICANT STATES:  That his service in Korea began on 7 June 1954 and he should have been awarded the KSM and any other United Nations (UN) Service Medals that were authorized for his service during that time.  In support of his application he submits a copy of his report of separation (DD Form 214).

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center at St. Louis, Missouri which destroyed millions of service records.  However, the DD Form 214 submitted by the applicant shows:

The applicant enlisted in Alexandria, Virginia on 22 January 1954 for a period of 3 years.  His records also show that he attended advanced individual training at Aberdeen Proving Grounds (APG), Maryland from 4 April to 7 July 1954.

He served 1 year, 3 months, and 25 days of foreign service and was promoted to the rank of SP3 on 30 August 1955.  He continued to serve until he was honorably released from active duty on 21 January 1957 and was transferred to the USAR.  He had served 3 years of total active service.

Army Regulation 600-8-25 prescribes Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states, in pertinent part, that the KSM is a UN Service Medal that is awarded for service in Korea or its adjacent territorial waters during the period 27 June 1950 to 27 July 1954.  The service must have been performed while on permanent assignment, or on temporary assignment for 30 consecutive days, or in active combat against the enemy. 

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 the aforementioned requirement.

2.  Although the applicant’s are not available for review, the applicant’s contention that his service in Korea began on 7 June 1954 is not supported by the information contained on his DD Form 214.  He did not complete his training at APG until 7 July 1954; therefore, in the absence of evidence to show otherwise, it must be presumed that due to the absence of his being awarded the KSM, he did not arrive in Korea in time to meet the established cutoff period and criteria for award of the KSM.

3.  In the absence of evidence to show that he was eligible for award of the KSM under the established criteria, it must be presumed that the actions taken in his case were correct.

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

__cmf___  ___cla___  __mm___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015674	
SUFFIX		
RECON		
DATE BOARDED	1999/08/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  116 	107.0070/KSM	
2.		
3.		
4.		
5.		
6.