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ARMY | BCMR | CY2005 | 20050003300C070206
Original file (20050003300C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 DECEMBER 2005
      DOCKET NUMBER:  AR20050003300


      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. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |Member               |

      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, in effect, reconsideration of his original
request to have his records corrected to show completion of a Survey
School.  He is also now requesting that his records be corrected to reflect
award of the Bronze Star Medal and the Korea Defense Service Medal.

2.  The applicant states he completed the Survey School while in Korea and
was awarded a completion certificate at the end of the course.  He
maintains the information is in his records.

3.  The applicant also states that he is entitled to the Bronze Star Medal
based on his award of the National Defense Service Medal and that there
were two conflicts going on while he was on active duty.  He states the
Korea Defense Service Medal was recently enacted into law and he is
entitled to have that decoration reflected on his separation document.

4.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004101441 on
5 August 2004.

2.  Although the applicant's request was accepted as a request for
reconsideration, in reality, he is requesting reconsideration of only one
issue, that his records be corrected to reflect completion of a Survey
School.  A recent court decision now permits an applicant to request
reconsideration of an earlier ABCMR decision if the request is received
within one year of the ABCMR's original decision and if it has not
previously been reconsidered.  Such requests must provide new evidence or
argument that was not considered at the time of the ABCMR's prior
consideration.  In the applicant's case he has not provided any new
evidence concerning his attendance at the Survey School and as such that
issue does not warrant reconsideration by the Board and will not be
discussed further in these proceedings.

3.  The applicant did raise two new issues, award of the Bronze Star Medal
and the Korea Defense Service Medal, which were not previously considered
by the Board.

4.  The applicant incorrectly believes that he is entitled to the Bronze
Star Medal based on his award of the National Defense Service Medal.
Bronze Star Medals were awarded as conversion awards following World War II
and then only for World War II holders of the Combat Infantryman Badge.
Entitlement to the Bronze Star Medal as a conversion award based on other
military decorations has not been authorized.  However, the applicant may
request award of the Bronze Star Medal under the provisions of Section 1130
of Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for this decoration
under Section 1130 and, as a result, the issue of awarding him the Bronze
Star Medal will not be discussed further in the Record of Proceedings.

5.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) 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;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

6.  The applicant served in Korea between November 1964 and December 1965.

DISCUSSION AND CONCLUSIONS:

The evidence confirms the applicant is entitled to the Korea Defense
Service Medal.  His records should be corrected accordingly.

BOARD VOTE:

__TK ___  __RD ___  __JM  ___  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 he is entitled to the Korea Defense Service Medal.




                                  _____ Ted Kanamine_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003300                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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