PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 28 July 1999
	DOCKET NUMBER:        AR1999017577

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant’s next of kin requests, that the FSM’s DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was awarded the Combat Infantryman Badge (CIB) and the Good Conduct Medal.

3.  The applicant states, in effect, that the FSM’s DD Form 214 does not show the award of the CIB and the Good Conduct Medal.  In support of the FSM’s application the next of kin submits a copy of the FSM’s Headquarters,
14th Infantry Special Orders Number 29, dated 3 October 1951, copy of his 
DD Form 214 and a copy of DA AGO Form 52-1 (Report of Death).

4.  The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM enlisted on 14 December 1950.
The FSM served in Korea and was honorably discharged on 16 September 1952 in order to reenlist.  The FSM reenlisted on 17 September 1952 and served until his death on 5 June 1955.

5.  The FSM’s DD Form 214 shows he was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal and the Army of Occupation Medal for Japan. 

6.  The FSM’s DD Form 214 does not show the Combat Infantryman Badge and the Good Conduct Medal as authorized awards.

7.  The FSM’s records show he was awarded the CIB by Headquarters, 
14th Infantry Special Orders 29, dated 3 October 1951.

8.  There is no indication in the available records that show the FSM was awarded the Good Conduct Medal.  There is no evidence of derogatory information contained in the available records.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1.  Evidence of record shows the FSM was awarded the CIB.  Therefore, the FSM is entitled to correction of his records to show that he was awarded the CIB.

2.  The FSM is entitled to the first award of the Good Conduct Medal for the period 14 December 1950 to 13 December 1953 based on completion of three
years qualifying service.  Therefore, the FSM is entitled to correction of his records to show this award.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that item 27 (Decorations and Awards) of the FSM’s DD Form 214 
that he was awarded the CIB and the Good Conduct Medal first award for the period 14 December 1950 to 13 December 1953.

BOARD VOTE:  

FNE____  LEM____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999017577	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990728	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19550605 DATE OF DEATH	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102		
2.  157		
3.		
4.		
5.		
6.