PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           28 FEBRUARY 2002
	DOCKET NUMBER:   AR2001065411

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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 records be corrected by upgrading his discharge, and by awarding him all authorized medals.   

3.  The applicant states that everyone makes mistakes, that he has not been in trouble since his discharge, and that people do change.  The applicant submits no evidence in support of his request.  

4.  The applicant’s military records show that on 28 June 1948, he enlisted in the Regular Army for a period of 3 years.  He completed basic training at Fort Knox, Kentucky, and was assigned tours in Japan and Korea.

5.  On 9 April 1951, while stationed in Japan, he was convicted by a special court-martial of possession of a habit forming narcotic drug, heroin.  He was sentenced to a bad conduct discharge, forfeiture of all pay and allowances and confinement at hard labor for 6 months.

6.  On 17 May 1951, the applicant was discharged and issued a Bad Conduct Discharge certificate.  He was then confined at hard labor at the U.S. Army Stockade in Japan.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) indicates he had 2 years, 10 months and 19 days of active duty, and was awarded the Korean Service Medal with two bronze service stars and, and the Army of Occupation Medal with “Japan” clasp.  

7.  On 31 August 1951, the unexecuted portion of the sentence to confinement was remitted, and he was released from military control.

8.  Army Regulation 600-8-22, provides that the United Nations Service Medal was established in December 1950 for members of the Armed Forces of the United States dispatched to Korea for service on behalf of the United Nations between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for award of the United Nations Service Medal.  

CONCLUSIONS:

1.  The applicant served in Korea from December 1948 to October 1950, and is thereby entitled to the United Nations Service Medal.  Beyond the United Nations Service Medal, he is not entitled to any other decorations not currently reflected on his separation document.

2.  In the absence of evidence to the contrary, the applicant’s conviction and discharge were effected in accordance with applicable law and regulations, and his discharge appropriately characterizes the misconduct for which he was convicted.

3.  While the applicant contends that he, in effect, became a productive member of society, he does not submit any evidence to support that contention.

4.  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 awarding the applicant the United Nations Service Medal.  

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

BOARD VOTE:  

__RVO__  __CLA __  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2001065411	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020228	
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.	107.00	
2.		
3.		
4.		
5.		
6.