MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 August 2003                  
	DOCKET NUMBER:   AR2003084198

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert L. Duecaster  		Member	
	Ms. Marla J. Troup 		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:  Award of the Purple Heart, the Good Conduct Medal, the Armed Forces Expeditionary Medal, the Combat Infantryman Badge and the Korean Defense Service Medal.

APPLICANT STATES:  In effect, these awards would correct bias and injustice to Korean veterans.  In support of his request he submits a copy of a 16 November 1965 service medical record that shows he was struck below the left eye by a brick and Department of Veterans Affairs (VA) medical records.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 5 June 1964 completed training as an indirect fire infantryman and following further training at Fort Benning, Georgia and Fort Jackson, South Carolina he served in Korea from 11 June 1965 to 22 June 1966 with Headquarters and Headquarters Company, 1st Battalion, 31st Infantry.   

The applicant returned to Fort Ord, California and was separated from active duty in pay grade E-4 on 5 June 1967 with an honorable characterization of service. 

The applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on three occasions.  His offenses included willful disobedience of a commissioned officer's order (to not associate with Korean Nationals while on field maneuvers), signing a false official document (sick slip) and absence from his appointed place of duty (guard duty).

On 23 May 1967, upon his transfer and release from active duty, the applicant was assigned conduct and efficiency ratings of "Good" and "Good."

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying.

Following the actual period of hostilities (27 June 1950 to 27 July 1953) special provisions for award of the Combat Infantryman Badge apply to soldiers who served in Korea subsequent to 4 January 1969.  Soldiers must have served in the hostile fire area at least 60 days and be authorized hostile fire pay.  The individuals must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty.  The soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times.  The soldier must be recommended personally by each commander in the chain of command and approved at the division level.  There are no provisions for retroactive award of the Combat Infantryman Badge for Korean veterans.

Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal 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.  The Armed Forces Expeditionary Medal is awarded for 
Qualifying service in Korea from 1 October 1966 to 30 June 1974.

The KDSM was just recently approved as part of the Fiscal Year 2003 Defense Authorization Act, and it has not yet been designed or funded.  The instructions for issuance and wear of this award also have not been completed.  The agency responsible for completing these actions estimates that it could take up to one year before those eligible for this award will begin to receive it.  Once it is ready for issue, the Army will publicize information regarding how to request it and how it will be issued.  Specific instructions will appear on the Internet, in official publications, and in the magazines published by veteran service organizations.  

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 service medical record document that the applicant submitted does not indicate that the injury was caused by enemy action and there is no available substantiating evidence.

2.  The applicant did not serve in Korea during a qualifying period (after 4 January 1969).  Award of the Combat Infantryman Badge is not appropriate.

3.  The applicant served in Korea from 11 June 1965 to 22 June 1966.  The qualifying period for the Armed Forces Expeditionary Medal in post-war Korea is 1 October 1966 to 30 June 1974.  He is not eligible for this award.

4.  Considering the applicant's overall record of service, but especially his three NJPs under Article 15, UCMJ and the "Good" conduct and efficiency ratings late in his career, the Board concludes that the applicant did not distinguish himself by his conduct, efficiency and fidelity.  Award of the Good Conduct Medal is not warranted.

5.  The KDSM is not yet available.  Application procedures will be published.

6.  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

__RJW __  __RLD__  __MJT __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003084198	
SUFFIX		
RECON		
DATE BOARDED	20030826	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.