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ARMY | BCMR | CY2001 | 2001055860C070420
Original file (2001055860C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 31 JULY 2001
         DOCKET NUMBER: AR2001055860

         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Arthur A. Omartian Member
Mr. John T. Meixell 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 the records of her deceased husband, a former service member (FSM), be changed to show that he served in Korea, and thereby is entitled to award of the Korean Service Medal.

APPLICANT STATES: She states that her husband served in Korea in 1951 and 1952, and that he told her he was in Korea when he first entered the Army in 1950. She submits a photograph of her deceased husband’s headstone, indicating service in Korea and Vietnam.

EVIDENCE OF RECORD: The military records of the FSM show:

The FSM entered on active duty on 14 July 1950. His DD Form 214 (Report of Separation) shows that he was released from active duty at Camp Breckinridge, Kentucky on 1 December 1952, with 2 years, 4 months, and 18 days of service. He had 6 months and 28 days of foreign service, and was awarded the Army of Occupation Medal (Germany). His DA Form 20 (Enlisted Qualification Record) shows that he served in Germany from November 1951 to June 1952 for a period of 7 months. His DD Form 214 does not reflect service in Korea.

Four more DD Forms 214 are contained in the records of the FSM, to include his last DD Form 214 which shows that he retired on 30 September 1972 with over 20 years of active service. None of those forms reflect service in Korea, or award of any medal that would depict service in Korea, or designation of any campaign that would show service in Korea. His DA Form 20 shows extensive foreign service, to include five tours in Germany, two tours in Vietnam, and a one month tour in Hawaii in 1969. It does not reflect a tour of duty in Korea.

The military records of the FSM do not show any orders or any other documents reflecting assignment to or service in Korea.

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 records of the FSM reflect that he served his country honorably and faithfully as evidenced by his assignments, to include extensive foreign service, and by the awards that he received. However, there is no evidence to show that he did serve in Korea. His DD Forms 214 are considered correct and there is no reason to change those forms or any of his other records.

2. The applicant has submitted neither probative evidence nor a convincing argument in support of her request.

3. 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 that requirement.

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

__WTM _ __AAO _ __JTM __ DENY APPLICATION



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




INDEX

CASE ID AR2001055860
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010731
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.00
2. 107.00
3. 46
4.
5.
6.


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