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ARMY | BCMR | CY2002 | 2002082157C070215
Original file (2002082157C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 March 2003
         DOCKET NUMBER: AR2002082157


         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:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Margaret V. Thompson 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show an unspecified number of years of foreign service. He also requests correction of his records to show unspecified medals.

3. The applicant states that his foreign service and medals are not shown on his Army DD Form 214. In support of his application, he submitted a copy of his DD Form 214 and two photographs of a display of medals.

4. The applicant’s military records show that he initially served in the Marine Corps from 16 September 1941 through 1 October 1945 and in the Marine Corps Reserve from 30 September 1947 through 14 September 1949. He enlisted in the Regular Army on 15 September 1949 and continued to serve honorably on active duty until he was retired on 30 September 1965 in the rank of sergeant first class.

5. The applicant's service personnel records contain three discharge documents. His retirement DD Form 214, which covers the period 10 October 1961 through 30 September 1965, shows 1 year of foreign service in item 24c (Foreign and/or Sea Service).

6. Item 31 (Foreign Service) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from 8 November 1963 through 7 November 1964 (a period of 12 months). There is no evidence of record available to the Board which shows he served additional overseas assignments during the period covered by his retirement DD Form 214.

7. The applicant's retirement DD Form 214 only shows the Good Conduct Medal as an authorized award.

8. The applicant's DD Form 214, with an effective date of 9 October 1958, shows entitlement to the Good Conduct Medal Bronze Clasp with three loops [hereafter referred to as the Good Conduct Medal (Third Award)].

9. The applicant's DD Form 214, with an effective date of 9 October 1958, shows entitlement to the National Defense Service Medal for honorable service during this period. His retirement DD Form 214 does not show award of the National Defense Service Medal for this period.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict. This document shows that, at the time of the applicant's assignment to the 560th Military Police Company, it was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 33-53.

11. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that foreign service performed during the period covered by the DD Form 214 will be entered in item 24c. The regulation also stated that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

12. Army Regulation 635-5 states, in pertinent part, that item 26 (Decorations and Awards) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.

13. 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. The regulation provides that the second award of the National Defense Service Medal is denoted by a bronze service star affixed to the service ribbon.

14. 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 Korean 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. 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 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.

CONCLUSIONS:

1. The applicant's contention that his number of years of foreign service does not appear on his DD Form 214 is not supported by the evidence of record.
2. The applicant's DA Form 20 shows he served in Thailand for one year during the period 8 November 1963 through 7 November 1964.

3. The applicant's retirement DD Form 214, which covers the period 10 October 1961 through 30 September 1965, correctly shows one year of foreign service. Therefore, there is no basis for granting the applicant's request.

4. The applicant's DD Form 214, with an effective date of 9 October 1958, shows entitlement to the Good Conduct Medal (Third Award).

5. The applicant's retirement DD Form 214 shows an additional award of the Good Conduct Medal. Therefore, the applicant is entitled to a total of four awards of the Good Conduct Medal and correction of his retirement DD Form 214 to show the Good Conduct Medal (Fourth Award).

6. The applicant's DD Form 214, with an effective date of 9 October 1958, shows the National Defense Service Medal as an authorized award.

7. Records show the applicant served a period of qualifying service for the second award of the National Defense Service Medal. Therefore, he is entitled to two awards of the National Defense Service Medal and correction of his retirement DD Form 214 to show award of the National Defense Service Medal with one bronze service star to denote the second award.

8. While the applicant was assigned to the 560th Military Police Company, this unit was cited for award of the Republic of Korea Presidential Unit Citation. Therefore, the applicant's DD Form 214, with an effective date of 9 October 1958, will be amended to show this unit award.

9. 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:

a. by deleting the Good Conduct Medal from the DD Form 214, with an effective date of 30 September 1965, of the individual concerned;

b. by amending his DD Form 214, with an effective date of 30 September 1965, to show award of the Good Conduct Medal (Fourth Award) and the National Defense Medal with one bronze service star; and

c. by amending his DD Form 214, with an effective date of 9 October 1958, to show award of the Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:

JLP_____ AAO_____ MVT____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater____
                  CHAIRPERSON



INDEX

CASE ID AR2002082157
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030318
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. 100.0000
3.
4.
5.
6.


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