RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            21 December 2006
      DOCKET NUMBER:   AR20060006402


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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, in effect, that the records of his deceased
uncle, a former service member (FSM) be corrected by awarding him the Good
Conduct Medal (GCMDL), the Korean War Service Medal (KSM) and any other
awards to which he is entitled to receive.

2.  The applicant states that the FSM was never awarded the GCMDL and that
his mother, the FSM’s sister, was sent a Vietnam Service Medal instead of
the KSM and the United Nations Service Medal (UNSM).

3.  The applicant provides a copy of the Presumptive Finding of Death
pertaining to the FSM and a copy of his mother’s birth certificate to
establish a next of kin determination.  He also provides a letter from the
National Personnel Records Center (NPRC).

CONSIDERATION OF EVIDENCE:

1. The FSM’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  FSM’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 FSM enlisted in Santa Barbara, California on 30 November 1949 for a
period of 2 years.  He completed his basic combat training at Fort Ord,
California and was transferred to Fort Sam Houston, Texas to undergo his
advanced individual training (AIT) as a medical technician (aidman).

3.  While in AIT the FSM was promoted to the pay grade of E-2 and he
received a letter of commendation for outstanding performance of duty
during the week ending 9 June 1950, while serving as a student in the
Medical Field Service School.

4.  The FSM completed his training and was transferred to the Pipeline
Replacement Battalion at Camp Stoneman, California on 3 August 1950.  He
departed Camp Stoneman on 14 September 1950 and was transferred to Japan,
where he remained until 26 September 1950, when he was transferred to
Korea.
5.  He arrived in Korea on 28 September 1950 and was assigned to Medical
Company, 8th Cavalry Regiment, for duty as an aidman.
6.  On 2 November 1950, while attached to Company E, 8th Cavalry Regiment,
1st Cavalry Division, the FSM was last seen when his unit was overrun by
enemy forces in the vicinity of Unsan, North Korea.  He was reported as
missing in action and his mother was notified accordingly.

7.  He remained missing in action and on 1 May 1953 was promoted to the
temporary grade of private first class (PFC).

8.  On 31 December 1953, The Adjutant General of the War Department
dispatched a letter to the FSM’s mother informing her that given the length
of time that the FSM had been missing, a presumptive finding of death had
been made effective 31 December 1953 and that an official finding of death
had been recorded under the provisions of law.

9.  On 4 January 1954, The Secretary of the Army dispatched a letter to the
FSM’s mother informing her that the President of the United States had
awarded the FSM the Purple Heart (posthumously) for his supreme sacrifice
for his country in Korea.

10.  On 19 January 2005, the NPRC notified the FSM’s sister that the FSM
was authorized awards of the Purple Heart, the National Defense Service
Medal, the Korean Service Medal with one bronze service star, the Combat
Medical Badge, the United Nations Service Medal, the Republic of Korea
Presidential Unit Citation and the Expert Marksmanship Badge with rifle
bar.  Accordingly, the NPRC authorized those awards to be issued to the
FSM’s sister.

11.  A review of the available records shows that the FSM received both
excellent and superior character and efficiency ratings up until the time
he was reported as missing in action (MIA).  He was awarded excellent
ratings during the period he was MIA.

12.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  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, for first award only, 1 year served entirely during the
period
7 December 1941 to 2 March 1946 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.  At the time, a Soldier's conduct and efficiency ratings
must have been rated as "excellent" for the entire period of qualifying
service and there must have been no convictions by court-martial.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Korean Service Medal.  In pertinent part, the regulation states that the
Korean Service Medal is awarded for qualifying service in the theater of
operations between 27 June 1950 and 27 July 1954.

14.  Army Regulation 600-8-22 (Military Awards) 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.

15.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows that the FSM had excellent
character and efficiency ratings from the time he entered the service until
shortly after he was reported as MIA.  Accordingly, it would be in the
interest of justice to show that he was awarded the GCMDL for the period of
30 November 1949 to
29 November 1952, while serving in the rank of PFC.

2.  The FSM is also entitled to be awarded the ROK-KWSM for his service in
Korea that began in September 1950 and to have the Medal Set issued to his
next of kin (NOK).

3.  Additionally, the FSM is also entitled to have a medal set issued for
the KSM and the UNSM.



BOARD VOTE:

___PF __  ___TR __  ___JR___  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
awarding the FSM the GCMDL for the period of 30 November 1949 to
29 November 1952, while serving in the rank of PFC and by issuing his NOK
medal sets for the ROK-KWSM, the KSM and the UNSM.




                                  ______Peter Fisher______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006402                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19501102                                |
|DISCHARGE AUTHORITY     |AGO 104                                 |
|DISCHARGE REASON        |MIA-UNRECOVERED                         |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |102/GCMDL                               |
|1.107.0056              |                                        |
|2.107.0070              |116/KSM                                 |
|3.107.0085              |131/UNSM                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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