PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003085956


         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:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Patrick H. McGann		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show the Parachutist Badge, the Good Conduct Medal, the "Overseas Medal" (correctly known as the Overseas Service Bar), the Korean Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3. The applicant provided two applications. He states, in effect, that his DD Form 214 does not show any medals because it was prepared while he was in the hospital before his personnel files were available. He contends that he completed jump school in April 1955 and was awarded the Parachutist Badge in May 1955. He also contends that he served honorably in the Army for more than three years, that he fired a score of 211 on the rifle range on two occasions, and that he served in Korea for six months. In support of his applications, he submits two letters of explanation, dated 22 January 2003 and 5 April 2003; a copy of his DD Form 214; and a copy of a Certification of Military Service.

4. The Veterans of Foreign Wars, as counsel for the applicant, was notified of the applicant's pending review by the Board; however, no brief was submitted.

5. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the DD Form 214 and his Medical Board Proceedings.

6. The applicant's reconstructed records show the applicant enlisted on
22 November 1954 for a period of 3 years and was discharged on 22 June 1955 for the purpose of immediate reenlistment. He reenlisted on 23 June 1955 for a period of 3 years. The applicant's medical records show that he served as a light weapons infantryman in Korea for 5 and 1/2 months. The applicant was honorably discharged on 13 December 1957 by reason of physical disability (existed prior to service) after completing 3 years and 22 days of total active service.

7. The applicant's DD Form 214 shows the entry, "N/A" [not applicable] in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

8. There are no orders for the Parachutist Badge in the available records. There is no evidence that he satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or that he participated in at least one combat parachute jump.

9. 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.
10. There are no orders for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar in the available records. There is also no evidence which shows the applicant qualified for this marksmanship badge.

11. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

12. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

13. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. The regulation authorizes award of the Overseas Service Bar for each period of 6 months served in Korea during the period 27 June 1950 through 27 July 1954.

14. 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.

15. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1. The Board noted the applicant's contention that he completed jump school and was awarded the Parachutist Badge. However, the applicant has provided


no evidence to support this contention. There are no orders for the Parachutist Badge and there is no evidence that the applicant met the qualifications for award of the Parachutist Badge. Therefore, the Board determined that there is insufficient evidence on which to base award of the Parachutist Badge in this case.

2. The applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 22 November 1954 through 21 November 1957. Therefore, the applicant's DD Form 214 should be corrected to show this award.

3. The applicant did not serve a period of qualifying service in Korea for award of the Overseas Service Bar. Therefore, the applicant is not entitled to award of the Overseas Service Bar.

4. The applicant did not serve in Korea during the period 27 June 1950 through 27 July 1954. Therefore, the applicant is not entitled to award of the Korean Service Medal.

5. The Board considered the applicant's contention that he is entitled to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar because he fired a score of 211 on the rifle range on two occasions. However, the applicant has provided no evidence to support this contention. The available records fail to show that he was awarded or qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, the Board determined that there is insufficient evidence on which to base award of this marksmanship badge.

6. 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 the applicant be awarded the Army Good Conduct Medal for the period 22 November 1954 through 21 November 1957.

2. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the first award of the Good Conduct Medal.








3. That so much of the application as pertains to award of the Parachutist Badge, the Overseas Service Bar, the Korean Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar be denied.

BOARD VOTE:

JLP____ AAO_____ PHM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Jennifer L. Prater__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085956
SUFFIX
RECON
DATE BOARDED	20030923
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.