RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 July 2004
      DOCKET NUMBER:   AR2004100294


      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. Kathleen Newman               |     |Chairperson          |
|     |Ms. Gail Wire                     |     |Member               |
|     |Mr. William Powers                |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Good Conduct Medal and the Bronze
Star Medal (based on award of the Combat Medical Badge).

2.  The applicant states, in effect, that he is entitled to award of the
Good Conduct Medal because he served three years during the Korean War.  He
contends that he was advised that the Bronze Star Medal is to be awarded to
those who earned the Combat Infantryman Badge or the Combat Medical Badge.
He earned the Combat Medical Badge.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
15 February 1954.  The application submitted in this case is undated but it
was received in this office on 12 November 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  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.

4.  The applicant enlisted on 16 February 1951 for a period of 3 years.  He
served in Korea and was honorably discharged in the temporary rank of
sergeant first class on 15 February 1954 after completing 3 years of
creditable service with no time lost.

5.  The applicant's DD Form 214 shows the Korean Service Medal with two
bronze service stars, the National Defense Service Medal, the United
Nations Service Medal, the Combat Medical Badge, and one award of the
Overseas Service Bar as authorized awards.
6.  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.

7.  Army Regulation 600-8-22 (Military Awards), currently in effect,
provides in pertinent part, that the Bronze Star Medal is awarded for
heroism and for meritorious achievement or service in military operations
against an armed enemy.

8.  Army Regulation 600-45 (Decorations), effective 13 October 1949,
provided in pertinent part, that the Bronze Star Medal is authorized for
each individual who was cited in orders or awarded a certificate for
exemplary conduct in ground combat between 7 December 1941 and 2 September
1945 or whose achievement or service, during that period, was confirmed by
documents executed prior to 1 July 1947.  An award of the Combat
Infantryman Badge or the Combat Medical Badge is considered to be a
citation in orders.  This means, in effect, that the Bronze Star Medal is
to be awarded to individuals who were authorized either badge for service
during World War II.

9.  As a matter of information, 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. The medal is provided at no cost to veterans.

10.  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 (DO 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.  A sample request form is
being provided to the applicant.  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.  The applicant was separated in the temporary rank of sergeant first
class with 3 years of creditable service with no time lost.  Therefore, it
appears that he met the eligibility criteria for the first award of the
Good Conduct Medal for the period 16 February 1951 through 15 February 1954
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

2.  The applicant received the Combat Medical Badge during his assignment
in Korea.  Army Regulation 600-45 stated that the Bronze Star Medal is to
be awarded to individuals who were authorized the Combat Infantryman Badge
or the Combat Medical Badge for service during World War II.  Therefore,
there is insufficient evidence on which to base award of the Bronze Star
Medal in this case.

BOARD VOTE:

KN_____  GW______  WP_____  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  awarding him the first award of the Good Conduct Medal for the
period 16 February 1951 through 15 February 1954; and

      b.  amending his DD Form 214 to add the Good Conduct Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends
denial of so much of the application that pertains to award of the Bronze
Star Medal (based on award of the Combat Medical Badge).





            __Kathleen Newman_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100294                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040708                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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