PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2003091272


         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
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Mr. Larry C. Bergquist		Member
Ms. Barbara J. Ellis		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, that he be awarded the Good Conduct Medal, the Army of Occupation Medal, National Defense Service Medal, the Korean Service Medal, the Armed Forces Reserve Medal, and the United Nations Service Medal.

3. The applicant states, in effect, that all records corresponding to his service in the Korean conflict do not exist due to the fire that occurred at the National Personnel Records Center. He says that he has received the National Defense Service Medal but no other awards that he pointed out on a copy of a DA Form 1577, Authorization for Issuance of Awards, dated 24 June 2002.

4. The applicant submitted a copy of his DD Form 214 with an effective date of 28 January 1953, and a number of other Army service-related documents that he feels are necessary to bring his years of endeavor to a final and just conclusion with his receiving the awards that he may be entitled to.

5. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records and from alternate sources.

6. The applicant's DD Form 214 reflects that he was honorably separated on 28 January 1953, in the rank of Private First Class, from the Army of the United States under the provisions of Army Regulation (AR) 615-365, for the convenience of the government, and transferred to the US Army Reserve to complete his military service obligation under the Universal Military Training and Service Act. On his separation date, the applicant had served 1 year, 11 months, and 22 days active Federal service. Of this service, 6 months and 10 days were identified as Foreign and/or Sea Service. His DD Form 214 shows that he received no awards during his active duty service.

7. The applicant was honorably discharged from the Army of the United States on 28 January 1957 under the provisions of AR 135-133 and paragraph 3a, Service Regulation 140-177-1.

8. An undated, but signed, DA Form 493, Army of the United States Separation Qualification Record, which the applicant provided himself, shows a summary of his service in Item 17 (Principal Military Duty Assignments). Although dates are not shown, the total number of months is shown. The applicant's duty assignments are as follows: 47th Signal Company, Camp Rucker, Alabama (10 months); Cable Splicing School, Camp Gordon, Georgia (3 months); Instructor, Cable Splicing School, San Luis Obispo, California (3 months); and the 8111th Aviation Signal Battalion, Okinawa (8 months). The summary does not show the

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applicant being deployed to the Republic of Korea during the Korean War. The summary accounts for all the service performed by the applicant during his Army service.

9. A search of DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, was made for any unit awards-related-information pertinent to the applicant's unit, the 8111th Aviation Signal Battalion. According to DA Pamphlet 672-1, his unit did not receive either campaign participation credit or a unit award during the Korean War Era. The unit was stationed in Okinawa and was not deployed to the hostile fire zone.

10. AR 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995. The applicant served on active duty during the period 7 February 1951 through 28 January 1953.

11. The applicant was notified by DA Form 1577, dated 24 June 2002, that he was eligible for award of the National Defense Service Medal. The applicant stated in his DD Form 149, Application for Correction of Military Record, that he received the medal.

12. AR 672-15, then in effect provides, in pertinent part for award of the Good Conduct Medal. The Good Conduct Medal is awarded for "Exemplary behavior, efficiency, and fidelity in an enlisted status for a period of three continuous years completed subsequent to 26 August 1940 and upon termination of service for a period of less than three continuous years but more than one continuous year after 27 June 1950. All character and efficiency ratings, including those pertinent to attendance at service schools, must have been recorded as "Excellent" or higher, except that ratings or "Unknown" for portions of the period under consideration, and service school efficiency rating of less than "excellent" entered prior to 3 March 1946, will not be disqualifying."

13. AR 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. Qualifying service in Japan included service in the Japanese Home Islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.

14. The above regulation provides, in pertinent part, for award of the Korean Service Medal. The regulation states that the Korean Service Medal is awarded

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for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

15. The same regulation provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

16. The Armed Forces Reserve Medal was established by Executive Order 10163, as announced in Department of the Army Bulletin 15, 1950, and was amended by Executive Order 10439, announced in Department of the Army Bulletin 3, 1953. It is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States, including the Coast Guard Reserve and the Marine Corps Reserve, for a period of 10 years under certain conditions.

CONCLUSIONS:

1. The applicant is entitled to award of the National Defense Service Medal for his honorable active service from 7 February 1951 through 28 January 1953. Eligibility for award of the National Defense Service Medal has previously been established. This award should be added to his DD Form 214 at this time.

2. The applicant served with the 8111th Aviation Signal Battalion in Okinawa (the Ryukyu Islands) during the qualifying period as specified by AR 600-8-22 for award of the Army of Occupation Medal for Japan. He is therefore eligible for award of the Army of Occupation Medal with Japan Clasp and to have it shown on his DD Form 214.

3. There is insufficient information in the available records upon which to base award of the Good Conduct Medal. The applicant's character and efficiency ratings, including those pertinent to attendance at service schools, are not available in the reconstructed records, or in those documents provided by the applicant.

4. There is no evidence, and the applicant has provided none, that he served in Korea, during the Korean War, or that he met the regulatory requirements for award of the Korean Service Medal and the United Nations Service Medal. He is therefore ineligible for award of the Korean Service Medal and the United Nations Service Medal.

5. The applicant was not a member of the US Army Reserve for a period of 10 years or longer; therefore, he does not qualify for award of the Armed Forces Reserve Medal.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by awarding the applicant the National Defense Service Medal and the Army of Occupation Medal with Japan Clasp and having these awards added to his DD Form 214.

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

BOARD VOTE:

__be____ ___lb ___ ___ra ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Roger W. Able______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091272
SUFFIX
RECON
DATE BOARDED	20030710
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 115	107.0069
3.
4.
5.
6.