IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130001984 


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 as follows:

* award of the Army Good Conduct Medal, "V" Device with his Bronze Star Medal, and Presidential Unit Citation
* correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 10 May 1930 instead of 9 May 1930

2.  As a new issue, he requests award of the Combat Infantryman Badge.

3.  The applicant states:

* his DD Form 214 should be amended to show his correct DOB
* the Combat Infantryman Badge and Presidential Unit Citation should be awarded for his service with the 5th Regimental Combat Team, 24th Infantry Division
* the Army Good Conduct Medal should be awarded for his service
* the "V" Device should be added to his Bronze Star Medal

4.  The applicant provides:

* Congressional correspondence
* WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Service) for the period ending 31 August 1948
* DD Form 214 for the period ending 16 May 1952
* General Orders (GO) Number 45 awarding Battle Honors to the 24th Infantry Division
* Special Orders (SO) Number 144 assigning him to the 724th Ordnance Company
* GO Number 49 awarding the Republic of Korea Presidential Unit Citation to several units
* WD AGO Form 8 (Soldier's Permanent Pass – Class A)
* 24th Infantry Division membership card
* 24th Infantry Division Senior Noncommissioned Officers Club card
* 5th Regimental Combat Team Association membership card
* Standard Certificate of Birth
* U.S. Passport
* Internet listing of 24th Infantry Division Korean War casualties
* WD AGO Form 58 (Appointment Certificate)
* two Honorable Discharge Certificates
* DA Form 643A (Personal History Statement)
* Internet printout of 24th Infantry Division units
* 24th Infantry Division Association newsletters
* letter of commendation
* Internet printout of the Presidential Unit Citation criteria
* letter from the National Personnel Records Center
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20070008584, dated 14 November 2007

CONSIDERATION OF EVIDENCE:

1.  With respect to the DOB, Army Good Conduct Medal, "V" Device for his Bronze Star Medal, and Presidential Unit Citation:

	a.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and has not previously been reconsidered.

	b.  The applicant provides various documents (U.S. Passport, 24th Infantry Division association newsletters, membership cards, and Internet printouts) that were not previously considered.  The ABCMR staff reviewed the applicant's request for reconsideration and determined that his request was not received within 1 year of the ABCMR's original decision.  As a result, his request for reconsideration does not meet the criteria outlined above and the following issues will not be discussed further in this Record of Proceedings:

* DOB
* Army Good Conduct Medal
* "V" Device for his Bronze Star Medal
* Presidential Unit Citation

2.  The applicant's complete 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 his 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.

3.  The applicant's reconstructed records contain a WD AGO Form 53 that shows he enlisted in the Regular Army and entered active duty on 21 May 1947.  At the time of his discharge, he held military occupational specialty (MOS) 913.83 (Artillery Mechanic-Light) and his last duty assignment was at Benecia Arsenal, CA.

4.  He was honorably separated for the convenience of the government on 31 August 1948.  His WD AGO Form 53 shows he completed 1 year, 3 months, and 10 days of active service with no lost time.  No awards or decorations are indicated on this form.

5.  His DD Form 214 shows he reenlisted in the Regular Army on 1 September 1948.  This form also shows he held MOS 1505 (Magazine Section Chief) at the time of his separation and his most significant duty assignment (i.e., last duty assignment) was with the 724th Ordnance Maintenance Company.

6.  His DD Form 214 for this period further shows he was honorably discharged in the temporary rank/grade of sergeant first class at Fort Ord, CA, on 16 May 1952 by reason of expiration of term of service.  He completed 3 years, 8 months, and 15 days of creditable active military service of which 2 years and 9 months were foreign service.

7.  His DD Form 214 for the period ending 16 May 1952 shows he was awarded or authorized the:

* Army of Occupation Medal (Japan)
* Bronze Star Medal
* Korean Service Medal with five bronze service stars
* Republic of Korea Presidential Unit Citation
* United Nations Service Medal

8.  There is no indication in his reconstructed records that shows:

* he was trained in, awarded, held, or served in an infantry MOS
* he was assigned or attached to an infantry unit
* orders were published awarding him the Combat Infantryman Badge

9.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The regulation states a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in the following conflicts applicable to the applicant:  World War II (7 December 1941-3 September 1945) and Korean War (27 June 1950-27 July 1953).

DISCUSSION AND CONCLUSIONS:

1.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

2.  During his first period of service, the applicant held an ordnance MOS and he did not serve in combat.  During his second period of service, the applicant held MOS 1505 and served with an ordnance/maintenance company.  His reconstructed records do not contain evidence he was awarded or held an infantry MOS or was assigned or attached to an infantry unit and personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.  Therefore, there is insufficient evidence to show he met the criteria for this badge.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20130001984



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001984



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1