RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         06 JANUARY 2005
      DOCKET NUMBER:  AR2004106318


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his December 1955 separation document be
corrected to show that his overseas service was in Korea.

2.  The applicant states his separation document indicates that he served
for 1 year, 4 months, and 8 days overseas but the document does not reflect
the location of that service.  He states he served in Korea between August
1954 and November 1955.

3.  The applicant provides copies of photograph taken of him in Korea and
copies of unit morning reports from Headquarters and Headquarters Battery,
96th Field Artillery Battalion, which reflect changes in his duty status
while assigned to that organization.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

2.  The applicant’s separation document indicates that he served on active
duty between March 1954 and December 1955 and that he served overseas for
approximately 16 months.  His “most significant duty assignment” is
recorded as having been with the 96th Field Artillery Battalion.

3.  The unit morning reports, provided by the applicant, indicated that in
January 1955 he had 7 days of R&R (rest and relaxation) leave in Japan and
in November 1955 departed the 96th Field Artillery Battalion.  The unit
morning reports indicate that the 96th Field Artillery Battalion was part
of I Corps at the time the reports were issued.

4.  Information from the Center of Military History confirms that the 96th
Field Artillery Battalion and I Corps were located in Korea during the
period in question.  However, regulations, in effect at the time, which
established the policies and procedures for the preparation and
distribution of separation documents, did not provide for specifying the
location of an overseas assignment on the separation document.  It provided
only that such service would be reflected in terms of total active duty
service outside the continental limits of the United States during the
period of service covered by the separation document.

5.  Generally, the location of one's overseas service could be determined
by various service medals an individual may be entitled to based on that
overseas service.  However, in the applicant’s case there were no location
specific decorations issued during the period of his service.  The Korean
Service Medal was discontinued in July 1954 and the Armed Forces
Expeditionary Medal for service in Korea was not awarded until October
1966.

6.  In other correspondence contained in the applicant’s file, it appears
he is attempting to confirm his service in Korea in order to prove
entitlement to the Korean Defense Service Medal.  Officials at the National
Personnel Records Center previously advised the applicant that the
Department of Defense was reviewing the best way to expeditiously award the
Korean Defense Service Medal and that the decoration was not yet available.
 They also informed him that only this Board could review and approve
amendments or corrections to military records.

7.  The United States Army Human Resources Command has now set the
following criteria for the award of the Korean Defense Service Medal.  It
is authorized to members of the Armed Forces who served on active duty in
support of the defense of the Republic of Korea from July 28, 1954, to a
future date to be determined.  The area of eligibility encompasses all land
area of the Republic of Korea, and the contiguous water out to 12 nautical
miles, and all air spaces above the land and water areas.  Service members
must have been assigned, attached, or mobilized to units operating in the
area of eligibility for 30 consecutive days or for 60 nonconsecutive days.
They have stated that individuals who have been discharged or retired from
the Army must apply for the Korean Defense Service Medal by submitting a
Standard Form 180 (Request Pertaining to Military Records) with supporting
documents/evidence to the National Personnel Records Center, Medal Section
(NRPMA-M), 9700 Page Avenue, St. Louis, Missouri 63132-5100.  The National
Personnel Records Center will add the Korean Defense Service Medal to the
DD Form 214 by issuing a DD Form 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty).  A Standard Form 180
will be provided to the applicant as part of these proceedings.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant may have served overseas in Korea during his period
of military, there were no provisions at the time for including the
location of such overseas service on separation documents.  As such, no
error or injustice exists and a correction is not warranted.

2.  The applicant is advised to contact officials at the National Personnel
Records Center, and include copies of the unit morning reports, which
confirm his service in Korea in order to receive the Korean Defense Service
Medal.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE___  ___RD __  ___YM  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




                                  ______Fred Eichorn_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106318                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050106                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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