PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 November 2002
	DOCKET NUMBER:   AR2002077529

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry, Jr.		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 general discharge under honorable conditions be upgraded to fully honorable.

3.  The applicant states he served in the Army for 3 years.  He served 11 months in Korea at age 18 and saw quite a bit of combat.  After he returned from Korea, he advanced to the rank of corporal but then did something stupid (he got caught in an off-limits club).  He was court-martialed and lost his stripe.  He finished his tour without any more trouble. He will soon be 70 years old and he begs that we see it in our heart to grant him an honorable discharge.  He provides his Report of Separation from the Armed Forces of the United States, DD Form 214, as supporting evidence.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from his DD Form 214.

5.  The applicant was born on 20 December 1932.  He enlisted in the Regular Army on 24 July 1950 for 3 years.  He served 11 months and 14 days of foreign service and was awarded the Combat Infantryman Badge and the Korean Service Medal with one bronze service star.

6.  The applicant's DD Form 214 shows his rank and grade as Private, E-2 with a date of rank of 21 February 1953.

7.  The applicant's DD Form 214 shows he was discharged on 25 July 1953, in pay grade E-2, under the provisons of Army Regulation 61-360 upon completing his expiration term of service.  It shows he was given a characterization of separation of general under honorable conditions after completing 3 years of creditable active service with 2 days of lost time.

8.  Army Regulation 635-200 is the current regulation governing the separation of enlisted personnel.  In pertinent part, it states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  A general discharge is a separation from the Army under honorable conditions.  It is issued to a solder whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

9.  Army Regulation 635-200 provides that only the honorable characterization may be awarded a soldier upon completion of his period of enlistment.

10.  Army Regulation 600-8-22 provides Army policy and criteria concerning individual military decorations.  It states that the National Defense Service Medal 
was first awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, and for several subsequent periods.

11.  Army Regulation 600-8-22 states that personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

12.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

CONCLUSIONS:

1.  Although the applicant's records are not available, his DD Form 214 provides enough information that would tend to bear out his statements.  His DD Form 214 bears out the fact that he did not receive a punitive discharge.  His award of the Combat Infantryman Badge bears out that he served honorably in combat.

2.  Although it appears the applicant was reduced in rank on 21 February 1953, he was allowed to continue to serve until his expiration term of service in July 1953.  The current regulation provides that only the honorable characterization may be awarded a soldier upon completion of his period of enlistment.  While it does not appear that it was improper at the time for the applicant to have been given a general discharge under honorable conditions, the Board believes it would be equitable to now grant the relief requested and upgrade his discharge to fully honorable.

3.  Based upon the applicant's discharge being upgraded to honorable, he meets the eligibility criteria for award of the National Defense Service Medal.  He also meets the eligibility criteria for award of the United Nations Service Medal based upon his award of the Korean Service Medal.  These awards should be added to his DD Form 214.

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

That the applicant's DD Form 214 be corrected to show his characterization of service as honorable and to add the national Defense Service Medal and the United Nations Service Medal.

BOARD VOTE:  

_ _SAC  _  __RWA_  ___HOF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler    _
		        CHAIRPERSON

INDEX

CASE ID	AR2002077529	
SUFFIX		
RECON		
DATE BOARDED	2002/11/26	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1953/07/23	
DISCHARGE AUTHORITY	AR 625-360 	
DISCHARGE REASON	A04.00	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.