MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 February 2003   
	DOCKET NUMBER:   AR2002078779

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Antonio Uribe		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, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 7 September 1967 to show that he served as a military policeman in Korea.  He also requests award of the Korean Service Medal and any awards and decorations to which he may be entitled.

APPLICANT STATES:  That he was a military policeman in Korea but it is not shown on his discharge document.  In support of his application, he submits a copy of his DD Form 214 with an effective date of 7 September 1967; reassignment orders, dated 18 July 1959 and 6 June 1960; and an Installation Clearance Record, dated 13 June 1960. 

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

The applicant was inducted on 18 April 1949.  He served as a military policeman and was honorably released on 21 April 1950 and transferred to the Enlisted Reserve Corps (ERC).  

The applicant was ordered to active duty on 7 September 1950 for a period of 
24 months.  He served as a military policeman and was released from active duty on 22 November 1951 and released to the ERC.  

The applicant reenlisted on 3 March 1955 for a period of 3 years.  He served as a military policeman in Germany from 20 October 1955 through 18 January 1956.  On 31 May 1956, the applicant was placed on the Temporary Disability Retired List (TDRL).  On 10 November 1958, the applicant was removed from the TDRL. 

The applicant reenlisted on 1 December 1958 for a period of 3 years.  The applicant served as a military policeman in Korea from 22 June 1959 through 
5 July 1960, subsequently served as a supply clerk and was honorably discharged on 7 September 1961.  

The applicant reenlisted on 8 September 1961 for a period of 6 years.  The applicant served as a supply sergeant in Germany from 3 March 1964 through 
11 February 1967 and was honorably discharged on 7 September 1967. 

The applicant's DD Form 214 with an effective date of 7 September 1967 shows his military occupational specialty (MOS) was 76Y40 (Unit and Organization Supply Specialist).  

The applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant was awarded primary MOS 76Y40 (Unit and Organization Supply Specialist) effective 1 July 1967.

The applicant's service personnel records contain five DD Forms 214.
The DD Form 214 covering the period 18 April 1949 through 21 April 1950 shows that the applicant served as a military policeman in the Military Police Corps.  

The DD Form 214 covering the period 7 September 1950 through 22 November 1951 shows that the applicant served as a military policeman in the Military Police Corps.  

The DD Form 214 covering the period 3 March 1955 through 31 May 1956 shows that the applicant served as a military policeman in the Military Police Corps.  

Item 23a (Specialty Number and Title) on the applicant's DD Form 214 covering the period 1 December 1958 through 7 September 1961 shows he served as a general supply specialist.  The applicant's DA Form 20 shows he served as a military policeman in Korea from 22 June 1959 through 5 July 1960.  The applicant's records show that he was awarded primary MOS 76K (general supply specialist) effective 2 December 1960.     

There is no evidence in the applicant's service personnel records which shows the applicant served in Korea during the period 27 June 1950 and 27 July 1954.  

Review of the applicant's records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the primary military occupational specialty code number and title be entered in item 23a (Specialty Number and Title) on the DD Form 214.

Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 
27 June 1950 and 27 July 1954.

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.  Evidence of record shows the applicant was awarded primary MOS 76Y40 (Unit and Organization Supply Specialist) effective 1 July 1967.
 
2.  Item 23a (Specialty Number and Title) on the applicant's DD Form 214 with an effective date of 7 September 1967 shows the entry, 76Y40 UNIT & ORGAN SUP SP" [Unit and Organization Supply Specialist].
3.  The Board noted the applicant's request to correct his DD Form 214 with an effective date of 7 September 1967 to show that he served as a military policeman in Korea.  However, the governing regulation in effect at the time states that the primary MOS code number and title will be entered in item 
23a (Specialty Number and Title) on the DD Form 214.  Therefore, item 
23a (Specialty Number & Title) on the applicant's DD Form 214 with an effective date of 7 September 1967 is correct as currently constituted.  

4.  The Board notes that the applicant's DA Form 20 (Enlisted Qualification Record) properly shows that he served as a military policeman in Korea from 
22 June 1959 through 5 July 1960.  

5.  The Board also considered the applicant's request for award of the Korean Service Medal.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served a period of qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Therefore, the Board determined that there is no evidence on which to base award of the Korean Service Medal in this case.

6.  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 this requirement.

7.  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

SAC____  RKS____  AU______  DENY APPLICATION

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

INDEX

CASE ID	AR2002078779	
SUFFIX		
RECON		
DATE BOARDED	20030211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0500	
2.	107.0070	
3.		
4.		
5.		
6.