Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001065411C070421
Original file (2001065411C070421.rtf) Auto-classification: Approved
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.


Similar Decisions

  • ARMY | BCMR | CY2001 | 2001061256C070421

    Original file (2001061256C070421.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Navy Presidential Unit Citation for participation in the Inchon Invasion during the period 15 September 1950 through 11 October 1950 and to show an additional bronze service star for his service in Korea. Records show the applicant served in Korea from 12 September 1950 through 4 April 1951. Based on evidence available to the Board, it appears that the applicant was a participant in the Inchon Landing as a member of the...

  • ARMY | BCMR | CY2003 | 2003086407C070212

    Original file (2003086407C070212.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his report of separation (DD Form 214) dated 31 July 1953, be corrected to show all of his awards, including the Combat Action Ribbon (CAR), the Presidential Unit Citation (PUC), the Army Occupation Medal (Japan), the Army Occupation Medal (Germany), one silver service star and one bronze service star. The applicant states, in effect, that his DD Form 214 does not accurately reflect all of his awards and decorations and his participation in campaigns....

  • ARMY | BCMR | CY2002 | 2002069944C070402

    Original file (2002069944C070402.rtf) Auto-classification: Approved

    This document shows the unit, to which the applicant was assigned, the 38th Infantry Regiment, 2nd Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 1-5 September 1950 by Department of the Army General Orders Number 35-51. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form...

  • ARMY | BCMR | CY2007 | 20070015986

    Original file (20070015986.TXT) Auto-classification: Approved

    The FSM served in post-war Japan between 3 September 1945 and 27 April 1952 and is entitled to award of the Army of Occupation Medal (Japan); c. The FSM served with the 7th Infantry Division as a Military Policeman from on/about 4 September 1950 to on/about 19 February 1952 and is entitled to award of the Korean Service Medal (with appropriate campaign stars), United Nations Service Medal, two Meritorious Unit Citations, and two Republic of Korea (ROK) Presidential Unit Citations; and d. The...

  • ARMY | BCMR | CY2004 | 20040000349C070208

    Original file (20040000349C070208.doc) Auto-classification: Approved

    One daughter was an alcoholic who abandoned her children, three of whom were being raised by the applicant. At age 11, the applicant states he was placed in school in Warm Springs, Oregon. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

  • ARMY | BCMR | CY2008 | 20080017956

    Original file (20080017956.txt) Auto-classification: Approved

    The applicant requests his DD Form 214 (Report of Separation from the Armed Forces of the United States) reflect he was awarded a Purple Heart for wounds received during the Korean War. There is no record of his honorable service (i.e., DD Form 214) from 1947 to 30 September 1951. The applicant’s records should contain two DD Forms 214, the first one for the period 11 December 1947 through 30 September 1951, and the second one for the period 1 October 1951 through 23 January 1954.

  • ARMY | BCMR | CY2003 | 2003091786C070212

    Original file (2003091786C070212.rtf) Auto-classification: Approved

    Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214. Therefore, the evidence presented was sufficient to excuse failure to timely file and to warrant a recommendation for relief by awarding the applicant the Purple Heart for wounds received on 10 January 1951. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2002 | 2002074979C070403

    Original file (2002074979C070403.rtf) Auto-classification: Approved

    An Authorization for Issuance of Awards, DA Form 1577, dated 7 April 1994 shows the U. S. Army Reserve Personnel Center authorized issuance to the applicant of, in addition to the two awards shown on his DD Form 214, the Purple Heart, the Army Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for...

  • ARMY | BCMR | CY2001 | 2001064724C070421

    Original file (2001064724C070421.rtf) Auto-classification: Approved

    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. The evidence of record clearly shows that the applicant was wounded in Korea on 16 September 1951. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for fragmentation wounds he received on 16...

  • ARMY | BCMR | CY2001 | 2001063189C070421

    Original file (2001063189C070421.rtf) Auto-classification: Approved

    The applicant states that he was unlawfully incarcerated in Fayetteville, Arkansas, was denied the opportunity to notify his chain of command, and that he was charged with 700 days of “bad time”, which was invalid because he was wounded and hospitalized in Korea and Japan. Therefore, the applicant is entitled to correction of his records to show the award of the Purple Heart. Therefore, he is entitled to correction of records to show this award