IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028066


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for award of the Army Good Conduct Medal and the Korea Defense Service Medal.

2.  The applicant states he has proof he served in Korea in the form of letters of support from fellow comrades-in-arms who served with him in Korea.

3.  The applicant provides:

* a 20 July 2010 statement from "P.V.J." attesting the applicant served in Korea – "P.V.J." provides proof he served in Korea and was awarded the Korea Defense Service Medal
* an undated statement from "J.M.C." attesting the applicant served in Korea

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 AR20090013474 on 8 December 2009.

2.  The applicant provides two letters of support from fellow Soldiers attesting to his service in Korea.  These documents are considered new evidence and require reconsideration by the Board.

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.  This case is being considered using reconstructed records, which primarily consist of the documents provided by the applicant.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show he:

* enlisted in the Regular Army for 3 years
* served 2 years and 11 months
* served 1 year, 2 months, and 6 days of foreign service in an undefined location
* served as a Cryptanalysis Specialist (Military Occupational Specialty (MOS) 981.10)
* was honorably separated as a temporary Specialist Four (SP4/E-4)

5.  Mr. P.V.J. attested to the fact he and the applicant served together in the 177th U.S. Army Security Agency (USASA) Company, 508th USASA Group, Korea.  He also provided various orders published by Headquarters, 508th USASA Group pertaining to his (P.V.J.) service in Korea, and a copy of his DD Form 214, with a DD Form 215 (Correction to DD Form 214) awarding the Korea Defense Service Medal.

6.  Mr. J.M.C. also attested to the applicant's service with the 177th USASA Company, 508th USASA Group in Korea.

7.  The 177th USASA Operations Co. was created in July 1957 as part of a world-wide force reduction that required the Army Security Agency to inactivate numerous Table of Organization and Equipment (TOE) units and replace them with temporary Table of Distribution and Allowance (TDA) units.  The unit was headquartered in its own compound in a place called Mia-ri, located on the Main Supply Route (MSR) between Seoul and Uijongbu at the northern edge of Seoul.

8.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.


9.  Army Regulation 672-5-1 (Military Awards) 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided two letters from fellow Soldiers who attested to his service in Korea with the 177th USASA Company as a cryptanalysis specialist.

2.  This new evidence is accepted as proof of the applicant's service in Korea and entitlement to the Korea Defense Service Medal.  It should be added to his DD Form 214.

3.  Unfortunately, the applicant's service records are unavailable.  Those records are needed to verify that he had conduct and efficiency ratings of "excellent" during his service.  He has submitted no evidence to show his conduct and efficiency ratings were "excellent" for the entire period of qualifying service which may have qualified him for the Army Good Conduct Medal.  Without the pertinent qualification records showing his assignment history and conduct and efficiency ratings, there is insufficient evidence on which to base awarding the Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20090013474, dated 8 December 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Korea Defense Service Medal to his DD Form 214.

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 the Army Good Conduct Medal.




      _______ _  x _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100028066





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ABCMR Record of Proceedings (cont)                                         AR20100028066



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