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ARMY | BCMR | CY2003 | 2003086963C070212
Original file (2003086963C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003086963

         I certify that hereinafter is recorded the record of consideration 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. Arthur A. Omartian Chairperson
Mr. Thomas Lanyi Member
Mr. Harry B. Oberg Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Award of the Korean Service Medal for his service in Japan as part of the Far East Command.

APPLICANT STATES: In effect, that he is entitled to award of the Korean Service Medal because he served on Honshu, Japan, from the end of May 1953 to 31 October 1954 with the XVI Headquarters Military Police. In support of his application, he submits a letter, dated 27 January 2003, from the U.S. Total Army Personnel Command to a Member of Congress; two letters, dated 14 January 2003 and 7 November 2002, from a Member of Congress; a letter, dated
20 November 2002, from the U.S. Total Army Personnel Command to a Member of Congress; two Morning Reports; Department of the Army General Orders Number 27, dated 3 July 1956; and Department of the Army General Orders Number 39, dated 9 June 1955.

EVIDENCE OF RECORD: 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 (Report of Separation from the Armed Forces of the United States).

The applicant's reconstructed records show he was inducted on 12 December 1952. His DD Form 214 shows that his most significant duty assignment was the Military Police Platoon XVI Corps. On 19 November 1954, the applicant was honorably discharged in the rank of corporal.

There is no evidence in the available records which shows the applicant served in Korea between 27 June 1950 and 27 July 1954.

Department of the Army General Orders Number 39, dated 9 June 1955, established a list of units not physically located within the territorial limits of Korea which were designated by the Commander in Chief Far East as having directly supported the military effort in Korea. The applicant's unit is not listed in these orders as an eligible unit of assignment for award of the Korean Service Medal.

There is no evidence in the available records which shows the applicant was awarded a certificate by the Commander in Chief, Far East, testifying to his material contribution made in direct support of military operations in Korea.

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. Personnel assigned to units not within the territorial limits or adjacent waters of Korea, under the operational control of the Commander in Chief, Far East, which were designated as having directly supported the military efforts in Korea were also eligible for the award. Individuals who were awarded a certificate by the Commander in Chief, Far East, testifying to their material contribution made in direct support of military operations in Korea can also be authorized this medal.

DISCUSSION
: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he met the eligibility criteria for award of the Korean Service Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Korean Service Medal in this case.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

AAO____ TL_____ HBO_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003086963
SUFFIX
RECON
DATE BOARDED 20030828
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0070
2.
3.
4.
5.
6.


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