PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002075715


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. John P. Infante		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.

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2. The applicant requests, in effect, correction of his records to show award of the Good Conduct Medal, the American Defense Service Medal, the Korean Service Medal, the Armed Forces Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

3. The applicant states, in effect, that he is entitled to these additional medals and ribbons. He submitted a copy of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards), dated 10 May 2002.

4. The applicant enlisted in the Regular Army on 23 July 1959 for a period of three years. He successfully completed training as a heavy weapons infantryman in December 1959 and served in Korea from 1 September 1960 through 11 September 1961. The applicant was honorably released from active duty on 20 July 1962.

5. The applicant's DD Form 214 does not show the Good Conduct Medal, the American Defense Service Medal, the Korean Service Medal, the Armed Forces Service Medal, the Army Service Ribbon or the Overseas Service Ribbon.

6. The applicant's DA Form 24 (Service Record) does not list any awards in Section 9 (Medals, Decorations, and Citations).

7. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8. The applicant provided a copy of a DA Form 1577 prepared by the National Personnel Records Center and dated 10 May 2002. This document shows the applicant was issued the National Defense Service Medal which is not shown on his discharge document.

9. Army Regulation 600-8-22 (Military Awards) 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.

10. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.
11. Army Regulation 600-8-22 provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

12. Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.

13. Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

14. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award 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 and the overseas service is not recognized with another U.S. service medal.

15. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

CONCLUSIONS:

1. Records show the applicant served on active duty from 23 July 1959 through 20 July 1962.

2. The applicant is entitled to the first award of the Good Conduct Medal for the period 23 July 1959 through 20 July 1962 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

3. The Board considered the applicant's request for award of the American Defense Service Medal.

4. Based on the applicant's dates of service on active duty, he did not complete a period of qualifying service for award of the American Defense Service Medal. Therefore, there is no basis for awarding the applicant the American Defense Service Medal.

5. The Board also considered the applicant's request for award of the Korean Service Medal.

6. Records show the applicant served in Korea from 1 September 1960 through 11 September 1961. There is no evidence of record which shows he served a period of qualifying service for award of the Korean Service Medal. Therefore, there is no basis for awarding the Korean Service Medal in this case.

7. The Board also considered the applicant's request for award of the Armed Forces Service Medal.

8. There is no evidence of record which shows the applicant served on active duty after 1 June 1992; therefore, there is no basis for granting him award of the Armed Forces Service Medal.

9. The Board considered the applicant's request for award of the Army Service Ribbon.

10. Records show the applicant completed advanced individual training in December 1959; however, there is no evidence of record which shows he had an active status on or after 1 August 1981. Therefore, the applicant is not eligible for award of the Army Service Ribbon and there is no basis for correcting his records to show this award.

11. The Board further considered the applicant's request for award of the Overseas Service Ribbon.

12. There is no evidence of record which shows the applicant had an active status or completed an overseas tour on or after 1 August 1981. Therefore, there is no basis for awarding the applicant the Overseas Service Ribbon.

13. Evidence of record shows the applicant was entitled to award of the National Defense Service Medal. Therefore, his DD Form 214 will be amended to show this award.

14. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 was awarded the Good Conduct Medal and the National Defense Service Medal.

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

BOARD VOTE:

AAO______ JPI____ RKS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075715
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021114
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.