He also contends that the Meritorious Service Medal was awarded after his company left by pw9Hlop

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									                        MEMORANDUM OF CONSIDERATION


       IN THE CASE OF:



       BOARD DATE:                5 April 2001
       DOCKET NUMBER:          AR2000050361

       I certify that hereinafter is recorded the record of consideration 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. June Hajjar                                      Chairperson
       Ms. Celia L. Adolphi                                 Member
       Mr. Harry B. Oberg                                   Member

        The Board, established pursuant to authority contained in 10 U.S.C. 1552,
convened at the call of the Chairperson on the above date. In accordance with Army
Regulation 15-185, the application and the available military records pertinent to the
corrective action requested were reviewed to determine whether to authorize a formal
hearing, recommend that the records be corrected without a formal hearing, or to deny
the application without a formal hearing if it is determined that insufficient relevant
evidence has been presented to demonstrate the existence of probable material error
or injustice.

       The applicant requests correction of military records as stated in the application
to the Board and as restated herein.

       The Board considered the following evidence:

       Exhibit A - Application for correction of military
                records
       Exhibit B - Military Personnel Records (including
                    advisory opinion, if any)
ABCMR                                   Memorandum                                    of
AR2000050361
Consideration (cont)

APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show the Korean Service
Medal (KSM) with 5 bronze service stars, the Meritorious Service Medal and the newly
approved Korean War Service Medal.

The applicant’s request for the Korean War Service Medal was addressed by separate
correspondence to the applicant.

APPLICANT STATES: In effect, that the awards shown on his DD Form 214 are
incorrect. He contends that the records state that he was awarded and received three
bronze service stars; however, he was awarded five bronze service stars but only
received three bronze service stars. He also contends that the Meritorious Service
Medal was awarded after his company left Korea. In support of his application, he
submits a copy of his DD Form 214 and a copy of his National Guard Bureau Form 22
(Report of Separation and Record of Service in the Army National Guard of the United
States and the Army National Guard).

EVIDENCE OF RECORD: The applicant's military records show:

The applicant’s military records were destroyed or lost during the National Personnel
Records Center fire of 1973. Records available to the Board were obtained from
alternate sources and show that the applicant enlisted in the Army National Guard on 15
July 1948. He was ordered to active service on 19 August 1950, served in the Korean
War for approximately 14 months and was honorably separated on 3 December 1952.

The applicant’s DD Form 214 does not show the KSM with five bronze service stars or
the Meritorious Service Medal as authorized awards. The DD Form 214 does show the
KSM with three bronze service stars.

There is no evidence in the available records which shows the applicant’s inclusive
dates of service in Korea.

There is no evidence in the available records which shows the applicant met the
qualifications for award of the Meritorious Service Medal.

Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed in Appendix B
of this regulation and states that authorized bronze service stars will be worn on the
appropriate service medal.

Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal
is awarded to members of the Armed Forces of the United States or of a friendly foreign
nation who distinguish themselves by outstanding meritorious achievement or service in
a noncombat area after 16 January 1969.
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ABCMR                                     Memorandum                                       of
AR2000050361
Consideration (cont)

DISCUSSION: Considering all the evidence, allegations, and information presented by
the applicant, together with the evidence of record, applicable law and regulations, it is
concluded:

1. The applicant’s DD Form 214 shows the KSM with three bronze service stars as an
authorized award.

2. The applicant contends that he is entitled to the KSM with five bronze service stars.
However, there is no evidence of record which shows the applicant’s inclusive dates of
service during the Korean War. Therefore, the Board is unable to determine the exact
number of campaigns he participated in during the Korean War. Based on the
foregoing, there is no basis for correction of the applicant’s KSM with three bronze
service stars.

3. There is no evidence of record which shows that the applicant served in a
noncombat area after 16 January 1969 or that he otherwise met the qualifications for
award of the Meritorious Service Medal. Therefore, the applicant is not entitled to
correction of his military records to show this award.

4. In order to justify correction of a military record the applicant must show to the
satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would satisfy this
requirement.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to
demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

JH______ CLA____ HBO____ DENY APPLICATION



                                               Carl W. S. Chun
                                     Director, Army Board for Correction
                                              of Military Records


                                              3
ABCMR                             Memorandum        of
AR2000050361
Consideration (cont)


                                  INDEX

CASE ID                AR2000050361
SUFFIX
RECON
DATE BOARDED           20010405
TYPE OF DISCHARGE      (HD)
DATE OF DISCHARGE      19521203
DISCHARGE AUTHORITY    AR 615-360
DISCHARGE REASON       Expiration term of service
BOARD DECISION         (DENY)
REVIEW AUTHORITY
ISSUES        1.       107.0070
           2.          107.0017
           3.          107.0000
           4.
           5.
           6.




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