RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040003615


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army of Occupation Medal.

2.  The applicant states that he was stationed at Camp Darby, Italy and
later transferred to Verona-Vicenza, Italy until 4 May 1956.

3.  The applicant provides a copy of his DD Form 214 (Report of
Separation), and copies of assignment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 June 1956.  The application submitted in this case is
dated        15 June 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s 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 the
applicant’s records were lost or destroyed in that fire.  However, there
are sufficient documents available for the Board to conduct a fair and
impartial review of this case.

4.  The applicant was inducted into the Army on 19 October 1954 and was
trained as a military policeman.  On 30 March 1955 orders were published
reassigning the applicant from the 588th Debarkee Detachment at Camp Darby,
Italy to the 68th Military Police Company in Leghorn, Italy.  On 10 April
1956 orders were published by Headquarters, Verona-Vicenza Military Post
reassigning the applicant from the 68th Military Police Company to the
588th Replacement Company at Camp Darby for processing and movement to the
United States.  The applicant was discharged with an honorable
characterization of service at Fort Dix, New Jersey on 22 June 1956.  His
DD Form 214 shows that he had 1 year, and 2 months of foreign service.

5.  Army Regulation 600-8-22 provides for the award of the Army of
Occupation Medal and states in pertinent part that it is awarded for
service while assigned to the Army of Occupation of Italy between 9 May
1945 and 15 September 1947.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Italy for over 1 year as indicated above;
however, that service was not during the period which provided for award of
the Army of Occupation Medal.  Consequently, he is not entitled to that
award.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 June 1956; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         21 June 1959.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TH ___  ___RO __  ___JG  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Thomas Howard_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003615                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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