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ARMY | BCMR | CY2001 | 2001061288C070421
Original file (2001061288C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 15 NOVEMBER 2001
         DOCKET NUMBER: AR2001061288

         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Stanley Kelley Member
Ms. Karen A. Heinz 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: That his records be corrected to reflect “all of [his] Army Service Medals.” He specifically asks for the Good Conduct Medal and the “Korean Hardship Medal.”

APPLICANT STATES: That he cannot join the VFW without certain Army awards. He specifically cites the “Korean Hardship Medal” as one of the medals required to join the VFW. He submits no evidence in support of his request.

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

He entered active duty on 22 December 1964 and was assigned to duties in Korea between May 1965 and May 1966. He was promoted to pay grade
E-5 in October 1966.

In May 1967, while assigned to Fort Huachuca, Arizona, he received a letter of reprimand from his unit commander. The reprimand cited his “disregard of a standing order to wear gloves in formation” and for his poor “attitude toward the TAG NCO’s” at the Sixth Army Drill Instructor Course.

In August 1967 he was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for failing to be at his appointed place of duty. His punishment included reduction to pay grade E-4.

In November 1967 he was punished again for failing to be at his appointed place of duty. His punishment included reduction to pay grade E-3. However, his records do not indicate that the reduction to E-3 was ever executed and on
12 December 1967 he was released from active duty with an honorable characterization of service.

His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects entitlement to the National Defense Service Medal.

Army Regulation 600-8-22 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

Although the applicant indicates that he wants his record to reflect entitlement to the “Korean Hardship Medal” there is no such decoration in the Army’s inventory. However, during various periods of history, service in Korea was recognized by award of the Korean Service Medal, the United Nations Service Medal and the Armed Forces Expeditionary Medal. The Korean Service Medal and the United Nations Service Medal were awarded for service in Korea between 27 June 1950 and 27 July 1954. The Armed Forces Expeditionary Medal was awarded for service in Korea between 1 October 1966 and 30 June 1974.

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. There is no evidence the applicant was assigned to Korea during any period which was recognized by an award of a service medal.

2. While the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 12 December 1967, his records indicate that he received a letter of reprimand and was punished on two separate occasions under Article 15 of the UCMJ. In spite of the fact that only one of the grade reductions resulting from his UCMJ actions was executed, the evidence still indicates that the applicant’s service was less than exemplary, and as such the Board concludes it would be inappropriate to award him the Army Good Conduct Medal.

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

__INW __ ___SK __ __KAH __ DENY APPLICATION



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




INDEX

CASE ID AR2001061288
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011115
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. 107.00
2.
3.
4.
5.
6.


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