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Decision Text

ARMY | BCMR | CY2002 | 2002074139C070403
Original file (2002074139C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002074139


         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. W. E. Schnupp Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumper Chairperson
Mr. Melvin H. Meyer Member
Ms. Regan K. Smith 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 the satisfactory efficiency rating in his record be changed to excellent so that he can be awarded the Good Conduct Medal (GCM). He amended his application by asking to receive the GCM for his service from 1952 to 1955.

3. The applicant states that the officer who gave him the satisfactory rating joined the Tank Company (his unit of his assignment) just prior to the applicant returning to the United States. He says, that he doubts that the officer knew him well enough to warrant the rating.

4. In support of his request, he submits a copy of his DD Form 214, Report of Separation; a copy of Section 4-Chronological Record of Military Service, from his military records, showing his conduct and efficiency ratings; a copy of a 1985 letter from the US Army Reserve Component Personnel and Administration Center, responding to his request and advising him that he was not entitled to the GCM because he did not have all excellent conduct and efficiency rating for a 3 year period.

5. The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein was derived from documents submitted by the applicant.

6. His DD Form 214 shows that he enlisted for 3 years on 29 September 1952, served with Tank Company, 2nd Infantry Regiment, in Korea from 28 May 1953 to 25 June 1954, and was honorably discharged to the US Army Reserve to complete his military training and service obligation on 28 September 1955 in the rank of specialist 3 (equivalent of corporal - pay grade E-4).

7. His awards include the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Purple Heart and the Republic of Korea Presidential Unit Citation.

8. The conduct and efficiency ratings reflected on his chronological record of military service, with the exception of his first month of service, which is annotated “Unknown,” are all excellent except for what he says is a satisfactory rating (the rating has been obscured) for the period 18 June 1953 to 25 June 1954.

9. Army Regulation 672-15, Good Conduct Medal, the regulation then in effect, provides, in pertinent part, that the GCM is awarded for exemplary behavior, efficiency and fidelity for a specific period of service, normally 3 years. Character and efficiency ratings, including those pertinent to attendance at service schools must have been recorded as “Excellent” or higher, except that ratings of “Unknown” for portions of the period under consideration and service school efficiency ratings of less than “Excellent” entered prior to 3 March 1946 will not be disqualifying. There must have been no convictions by courts-martial.

10. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

CONCLUSIONS:

1. The applicant’s request to delete or change to excellent the efficiency rating he received for the period 18 July 1953 to 25 June 1954 is unfortunately not possible. Without evidence to contradict the entry, to show that it was made in error or that the officer authorizing the entry mistakenly entered the wrong rating, there is insufficient basis for this Board to change the rating.

2. Notwithstanding the foregoing, the available records reflect what appears to have been an excellent soldier with an unblemished record throughout his entire period of active duty service. His performance in combat earned him the CIB, he was awarded the Purple Heart and he advanced to the grade of E-4 and received an honorable discharge with no time lost or other evidence of disciplinary action. While, it is not possible to change the rating in the record because of a lack of evidence, it is evident his overall quality of service was such that it met the standards for the GCM. It would be appropriate therefore to show on his DD Form 214, that he received the GCM for the entire period of his service from 29 September 1952 to 28 September 1955.

3. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. 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 add this foreign award to his or her
DD Form 214.

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 showing that the individual concerned was awarded the GCM for the period 29 September 1952 to 28 September 1955.

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

BOARD VOTE:

___sac _ ___mhm ____rks_ GRANT AS STATED IN RECOMMENDATION

______ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Samuel A. Crumper_
                  CHAIRPERSON




INDEX

CASE ID AR2002074139
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020801
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.


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