PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002068594


         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Elzey J. Arledge, Jr.		Member
Mr. Thomas Lanyi		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.

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2. The applicant requests, in effect, that he be provided all awards due him based on his Korean service.

3. The applicant states, in effect, that he believes he is entitled to awards based on his service in Korea, which were not included in his record or his separation document (DD Form 214). He specifically identifies the Korean Service Medal, Armed Forces Reserve Medal, Army Service Ribbon, and Overseas Service Ribbon, as awards to which he believes he is entitled.

4. The applicant’s military records show that on 13 September 1961, he was inducted into the Army of the United States for 2 years. He completed basic training at Fort Carson, Colorado and on 13 November 1961, he was awarded military occupational specialty (MOS) 64C (Light Vehicle Driver).

5. The applicant’s Service Record (DA Form 24) confirms that the highest rank he attained while serving on active duty was private first class/E-3. Section
5 (Service Outside Continental United States) shows that he arrived in Korea on
2 September 1962. He was assigned to the 7^th Infantry Division, and served in Korea until 26 August 1963, at which time he was released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR).

6. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows that during his active duty tenure, the applicant received only the Sharpshooter Marksmanship Badge (Rifle) and a Letter of Appreciation, dated 24 July 1963, which was issued by Headquarters, 7^th Infantry Division, Camp Casey, Korea.

7. On 26 August 1963, after completing a total of 1 year, 11 months, and
12 days of active military service, the applicant was REFRAD under the provisions of Army Regulation 635-205, by reason of overseas returnee. The
DD Form 214 issued to and authenticated by him with his signature on his separation date shows, in Item 24c (Foreign and Sea Service), that he completed 11 months and 27 days of overseas service. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists only the Sharpshooter Marksmanship Badge (Rifle) and no other awards or decorations are included in this item.

8. The applicant’s record also shows that subsequent to his REFRAD, he was transferred to the USAR Control Group. On 20 August 1964, he transferred to the Ready Reserve and was assigned to an Armor unit in Tucson, Arizona, where he served until transferring back to the USAR Control Group on
30 September 1966. The record does not document any additional USAR service or service in any other Reserve Component (RC), and it does not establish when he was ultimately discharged from the USAR.

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9. On 29 July 1996, a correction to the applicant’s separation document
(DD Form 215) was issued by the Army Reserve Personnel Center, St. Louis, Missouri. This document amended Item 26 of the applicant’s 26 August 1963
DD Form 214 by adding the Army Good Conduct Medal, National Defense Service Medal, and Marksman Marksmanship Badge with Rifle and Carbine Bars to Item 26. No other corrections were included in this document.

10. In 1971, Department of the Army General Order (DAGO) Number
50 authorized all soldiers who served in the 7^th Infantry Division in Korea, from
17 September 1950 through 27 March 1971, to permanently wear the Republic of Korea Presidential Unit Citation.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 5-4 contains guidance on entitlement to the Overseas Service Ribbon. It states, in pertinent part, that it was established by the Secretary of the Army on 10 April 1981, and is awarded for successful completion of overseas tours. It further states, that it may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981, provided they had an Active Army status on or after 1 August 1981, there are no other provisions for retroactive award.

12. Paragraph 5-5 provides guidance on entitlement to the Army Service Ribbon. It states, in pertinent part, that it was established by the Secretary of the Army on 10 April 1981, and is awarded for successful completion of initial entry training. It further states, that it may be awarded retroactively to those personnel who completed the required training before 1 August 1981, provided they had an Active Army status as defined above on or after 1 August 1981, there are no other provisions for retroactive award.

13. Paragraph 5-7 contains guidance on awarding the Armed Forces Reserve Medal and it states, in pertinent part, that it was established by Executive Order 10163, as announced in Department of the Army Bulletin 15, 1950, and was amended by Executive Order 10439, announced in Department of the Army Bulletin 3, 1953. It is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.

14. Paragraph 5-8 contains guidance on awarding the Korean Service Medal and it states, in pertinent part, that it is awarded for service in Korea during the period between 27 June 1950 and 27 July 1954.

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CONCLUSIONS:

1. The evidence of record confirms that the period the applicant served in Korea, in the 7^th Infantry Division, does not satisfy the criteria necessary to receive the Korean Service Medal. However, it does entitle him to the Republic of Korea Presidential Unit Citation. Thus, the Board concludes it would be appropriate to add this award to his record at this time.

2. The applicant’s record also confirms that he was not serving on active duty on 1 August 1981, and as a result does not meet the prerequisites for the Army Service Ribbon and Overseas Service Ribbon. Further, his record confirms only that he completed 3 years of RC service, not the 10 years required to qualify for the Armed Forces Reserve Medal. Therefore, the Board finds insufficient evidence to support authorizing this award.

3. 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 showing the individual concerned is entitled to the Republic of Korea Presidential Unit Citation; and by providing him a corrected separation document that reflects this change.

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

BOARD VOTE:

__JNS__ __EJA__ __TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____John N. Slone ___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068594
SUFFIX
RECON
DATE BOARDED	2002/06/25
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1963/08/26
DISCHARGE AUTHORITY	AR 635-205
DISCHARGE REASON	OS Rtn
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2.
3.
4.
5.
6.