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ARMY | BCMR | CY2004 | 20040006618C070208
Original file (20040006618C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 July 2005
      DOCKET NUMBER:  AR20040006618


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 correction of his DD Form 215 (Correction to DD
Form 214, Certificate of Release or Discharge from Active Duty), issued on
23 August 2004, to show the Good Conduct Medal and the Korean War Service
Medal.

2.  The applicant states, in effect, that he was awarded the Good Conduct
Medal on a DA Form 1577 (Authorization for Issuance of Awards), prepared by
the National Personnel Records Center on 6 February 2001.  He further
states that he requested the Korean War Service Medal from the Department
of the Air Force.  The medal was sent to him, but there was no accompanying
documentation.  He desires that the medal be shown on his separation
document.

3.  The applicant provides: a copy of his DD Form 215, issued as a result
of administrative error found in his records during a previous Board action
on 9 December 2003; a copy of a DA Form 1577; and, a copy of a letter he
sent to the Department of the Air Force, dated 19 January 2001, requesting
award of the Korean War Service Medal.

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 was honorably discharged at the Separation Center located
at Camp Stoneman, California, on 18 July 1951.  Item 27 (Decorations,
Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 (Report of Separation from the Armed Forces
of the United States), which the applicant authenticated, indicates that he
was awarded the Army of Occupation Medal with “Japan” clasp, the Combat
Infantryman Badge, and the Korean Service Medal with three bronze service
stars.  A DD Form 215 corrected Item 27 by deleting the Korean Service
Medal with three bronze service stars and adding the Korean Service Medal
with one silver service star (denoting participation in five campaigns
during the Korean War).  This form further corrected the applicant’s DD
Form 214 to show: the
Republic of Korea Presidential Unit Citation; the Bravery Gold Medal of
Greece; the National Defense Service Medal; and, the United Nations Service
Medal.

3.  Army Regulation  600-8-22  (Military  Awards)  provides  that  the  Good
Conduct Medal is awarded to individuals who distinguish themselves by  their
conduct, efficiency and fidelity during a qualifying period of  active  duty
enlisted service.  This period is 3 years except in  those  cases  when  the
period for the first award ends with the termination of a period of  Federal
military service.  Although there is no automatic entitlement  to  the  Good
Conduct Medal, disqualification must be justified.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent  part,
that awards of personal decorations and  the  Good  Conduct  Medal  will  be
announced in permanent orders by  the  commanders  authorized  to  make  the
awards.

5.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) states that for U.S. military decorations the only
acceptable source documentation is the order, letter, or memorandum, which
awards the decoration.

6.  The DA Form 1577 submitted by the applicant shows that the Chief of  the
Army Reference Branch of the National Personnel  Records  Center  determined
that the applicant was entitled to the Good  Conduct  Medal,  which  is  not
shown on the applicant’s DD Form 214.

7.  On the occasion of the 50th anniversary of the Korean War, the
Government of the Republic of Korea issued the Korean War Service Medal to
pay tribute to eligible Korean War veterans for their historic endeavors to
preserve the freedom of the Republic of Korea and the free world.  On 20
August 1999, the Department of Defense approved acceptance and wear of this
foreign service award to eligible US veterans of the Korean War, or their
surviving next of kin.  To be eligible, a veteran must have served in the
country of Korea within the inclusive period of 25 June 1950 to 27 July
1953.  Receipt of the Korean Service Medal with at least one bronze service
star would automatically make the veteran eligible for the Korean War
Service Medal.  The medal is provided at no cost to veterans.

8.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their
discharge paper (DD Form 214) to the Awards and Decorations Section,
Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12,
Randolph Air Force Base, Texas 78150-4714.  Once the Korean War Service
Medal has been authorized by the Department of the Air Force, the applicant
may apply to the Army Board for Correction of Military Records to add this
foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, in the form of orders or other source
documents that shows the applicant was awarded the Good Conduct Medal.

2.  The DA Form 1577, provided by the applicant, is not an authority for
receipt and wear of the Good Conduct Medal.  Nor is it an authority upon
which to base correction of military records.  The DA Form 1577 merely
authorizes issuance of an award already approved in permanent orders or by
some other proper authority to be issued to an individual.  In this case,
the applicant has not been awarded the Good Conduct Medal, as erroneously
shown on the form.

3.  In view of the above, there is an insufficient basis for award of the
Good Conduct Medal to the applicant, or to correction of his records to
show this award.

4.  The applicant states that he received the Korean War Service Medal from
the Department of the Air Force, without any accompanying documentation.
Evidence of record shows that the applicant is eligible for award of the
Korean War Service Medal.  Therefore, he is entitled to correction of his
DD Form 214 to show this foreign service medal.

BOARD VOTE:

___rjo___  ____ji___  ____bkk _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing the Republic of Korea Korean War Service Medal and the First Award
of the Good Conduct Medal for the period 25 November 1949 to 18 July 1951.




            _____John Infante________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006618                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050721                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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