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ARMY | BCMR | CY2002 | 2002082559C070215
Original file (2002082559C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 March 2003
         DOCKET NUMBER: AR2002082559


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Melvin H. Meyer 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 DD Form 214 (Report of Transfer or Discharge) be corrected to show all decorations and awards to which he is entitled. He also requests, in effect, that his dates of service in Korea be shown on his DD Form 214.

3. The applicant states, in effect, that his DD Form 214 does not show all of his medals or his dates of service in Korea from 1960 to 1961.

4. The applicant’s military records show that he enlisted on 16 November 1959 for a period of 3 years. He served as a field artillery operations and intelligence assistant in Korea from 1 May 1960 to 23 May 1961 and was honorably released from active duty on 15 November 1962.

5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar as an authorized award.

6. The applicant's DD Form 214 does not show his dates of service in Korea.

7. Section 9 (Medals, Decorations, and Citations) on the applicant's DA Form
24 (Service Record) shows entitlement to the Marksman Marksmanship Qualification Badge with Rifle Bar.

8. The Board noted that the applicant is entitled to the National Defense Service Medal for his service from 16 November 1959 through 15 November 1962.

9. Review of the applicant's records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

10. Item 24c (Foreign and/or Sea Service) on the applicant's DD Form 214 shows that he served 1 year, 1 month and 14 days of foreign service.

11. Section 5 (Service Outside Continental United States) on the applicant's DA Form 24 (Service Record) shows that he departed the United States on 25 April 1960, served in Korea from 1 May 1960 through 23 May 1961 and arrived back in the United States on 8 June 1961, a total of 1 year, 1 month and 14 days.

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

13. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that total active duty outside continental limits of the United States during the period covered by the DD Form 24 will be entered in item 24c. This regulation does not provide for units of assignment to be listed on the DD Form 214.

CONCLUSIONS:

1. The applicant is entitled to the National Defense Service Medal based on his honorable service from 16 November 1959 through 15 November 1962. Therefore, his DD Form 214 should be corrected to show award of the National Defense Service Medal.

2. The Board considered the applicant's request that his dates of service in Korea from 1960 to 1961 be shown on his DD Form 214. However, the governing regulation provides no authority to show duty assignments on the DD Form 214.

3. The Board notes that the applicant's duty assignment and his dates of service in Korea from 1960 to 1961 are properly shown in Section 5 (Service Outside Continental United States) on his DA Form 24 (Service Record).

4. The Board also notes that item 24c (Foreign and/or Sea Service) on the applicant's DD Form 214 includes his dates of service in Korea. Therefore, there is no basis for granting the applicant's request.

5. 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 that the individual concerned was awarded the National Defense Service Medal.







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

BOARD VOTE:

JNS____ MHM____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone_________
                  CHAIRPERSON




INDEX

CASE ID AR2002082559
SUFFIX
RECON
DATE BOARDED 20030325
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2. 107.0069
3.
4.
5.
6.


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