IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001427
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, in effect, reconsideration of his previous request for award of the Combat Infantryman Badge.
2. As a new issue, he requests award of the Army Good Conduct Medal.
3. The applicant states his records do not reflect his duty assignment with the 25th Infantry Division, Company I, 35th Infantry Regiment. He served in combat with the 25th Infantry Division from 1952 through 1953 and was then transferred to the 24th Infantry Division. He served in Korea in 1953 during the first of the year. There are no records to show he was assigned to this regiment. He would like to be buried with full military honors and the record of his service to reflect that he served his country in battle.
4. The applicant provides copies of the following:
* DD Form 214 (Report of Separation from the Armed Force of the United States)
* Department of Veterans Affairs (VA) Rating Decision
* letter from the Combat Infantryman's Association, Incorporated.
CONSIDERATION OF EVIDENCE:
1. With respect to award of the Combat Infantryman Badge:
a. The applicant previously requested award of the Combat Infantryman Badge. His case was adjudicated by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004476 on 30 July 2009.
b. Army Regulation 15-185 (ABCMR), paragraph 2-15b, governs requests for reconsideration of correction of military record and allows an applicant to request reconsideration for an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.
c. The staff of the ABCMR reviewed the applicant's request for reconsideration and determined that his request for reconsideration was not received within one year of the ABCMR's original decision. As a result, his request for reconsideration does not meet the criteria outlined above, and his request for award of the Combat Infantryman Badge will not be discussed further in this Record of Proceedings.
2. The applicant requests award of the Army Good Conduct Medal. This is a new issue that will be considered by the Board.
3. His complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, his available DD Form 214 contains sufficient information for the Board to conduct a fair and impartial review of this case.
4. He was inducted into the Army of the United States on 1 August 1952 and he appears to have held an infantry specialty. He was honorably released from active duty in the rank of corporal (temporary) on 22 July 1954 and he was transferred to the U.S. Army Reserve. He was credited with completing 1 year, 11 months, and 22 days of net active service and 1 year, 6 months, and 7 days of foreign service. His DD Form 214 lists in:
* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Korean Service Medal, United Nations Service Medal with one bronze service star, National Defense Service Medal, and Republic of Korea Presidential Unit Citation
* Item 28 (Most Significant Duty Assignment) Company I, 21st Infantry Regiment
5. His DA Form 24 (Service Record) which would have shown his conduct and efficiency rating is not available for review with this case. The available evidence is void of any other documents showing his conduct and efficiency ratings during his period of service. There are no orders authorizing or awarding him the Army Good Conduct Medal during this period of service.
6. He also provided a copy of his VA Rating Decision, dated 17 October 2013, which shows he was awarded service-connected disability ratings for bilateral hearing loss and bilateral tinnitus effective 22 December 2011.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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 the first award only, 1 year of service entirely during the period 7 December 1941 through
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. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-marital.
DISCUSSION AND CONCLUSIONS:
1. By regulation, in effect at the time, an enlisted person must have had all "excellent" conduct and efficiency ratings and no court-martial convictions. There is no available evidence of record and the applicant provided none showing that was the case. Unfortunately, without evidence, there is no basis to support his request for award of the Army Good Conduct Medal.
2. In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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 that 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) AR20140001427
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ABCMR Record of Proceedings (cont) AR20140001427
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