IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002958
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 previous request for the award of the Army Good Conduct Medal
* as a new issue, award of the Army of Occupation Medal
2. The applicant states he arrived in Germany in June 1952 and was assigned to the 108th Field Artillery Battalion (FAB), 28th Infantry Division. He was in Germany from June 1952 to October 1953. He was promoted to corporal in January 1953 and he was in charge of the field wire section. He was told he could not be promoted to sergeant because all ranks were frozen. He was proud of his men doing a good job, knowing he had trained them well. He was also proud of what he did as a corporal. For this reason, he believes he is entitled to the Army Good Conduct Medal.
3. The applicant provides:
* DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 5 November 1953
* DD Form 215 (Correction to a DD Form 214)
* a Certificate of Gift Agreement from the Pennsylvania National Guard Military Museum
* a thank you note from the Commanding General, 28th Infantry Division
* a letter, dated 20 January 2015, from the Army Review Boards Agency
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 AR20140007179, on 4 December 2014.
2. The applicant's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center, St. Louis, MO in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. His DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 26 November 1951.
4. On 5 November 1953, he was honorably released from active duty. He completed 1 year, 11 months, and 10 days of net active service this period. He also completed 1 year, 5 months, and 10 days of foreign service. His most significant duty assignment was B Battery, 108th FAB. His DD Form 214 does not show he was awarded the Army Good Conduct Medal or the Army of Occupation Medal.
5. Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit. This document shows the 108th FAB received occupation credit for the period 2 May - 5 July 1945 for service in Germany.
6. Army Regulation 600-65 (Service Medals), 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, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as excellent or higher, except that ratings of Unknown for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than excellent entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by court-martial. 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. Due to the unavailability of the applicant's military records, there is insufficient evidence to verify his eligibility for the Army Good Conduct Medal.
2. His DD Form 214 shows his most significant duty assignment as B Battery, 108th FAB. DA Pamphlet 672-1 does not show the 108th FAB received occupation credit during the period he was assigned. There is insufficient evidence to authorize him the Army of Occupation Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Regarding his request for reconsideration, 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 to amend the decision of the ABCMR set forth in Docket Number AR20140007179, dated 4 December 2014, denying the award of the Army Good Conduct Medal.
2. Regarding his new request, 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 to authorize the award of the Army of Occupation 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) AR20150002958
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ABCMR Record of Proceedings (cont) AR20150002958
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