RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040002578


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior 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, in effect, that his 1957 separation document be
corrected to reflect some medals and that he served in Korea.

2.  The applicant states that his separation document does not reflect any
medals to show that he served honorably or that he served in Korea for 15
months and 12 days.  He states, in effect, that he was not aware of the
error until recently when he sought assistance from the Department of
Veterans Affairs.  He states that he was with the 8th Army when he first
arrived in Korea and was then transferred to the 32nd Infantry, 7th
Infantry Division.

3.  The applicant provides a statement authored by him on behalf of another
Soldier, but signed by that Soldier confirming their assignment together in
Korea, a copy of a photograph of him on guard duty, and extracts from unit
morning reports.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 July 1957.  The application submitted in this case is
dated
10 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
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  Documents which are available to the Board indicate that the applicant
entered active duty on 29 July 1954 and served overseas for 15 months and
12 days.
5.  Copies of unit morning reports do confirm that as 18 July 1955 the
applicant was reassigned from the 7th Replacement Company in Korea to the
32nd Infantry Regiment, 7th Infantry Division and that he was still a
member of that organization in November 1955 when he was placed in a
temporary duty status for “R&R” (rest and relaxation) in Japan.  A 5 May
1956 unit morning report shows that the applicant was released from
assignment with the 32nd Infantry Regiment and reassigned to another unit
in Korea.  There were no reports indicating when the applicant departed
Korea and returned to the United States.

6.  However, on 26 July 1957 the applicant was released from active duty
upon the expiration of his term of service (ETS) and transferred to the
United States Army Reserve “Iowa Military District.”  His service was
characterized as honorable and item 24c (foreign and/or sea service)
reflects 1 year, 3 months, and 12 days.  His separation document does not
reflect any awards or decorations.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
National Defense Service Medal for honorable active service for any period
between 27 June 1950 and 27 July 1954, between 1 January 1961 and
14 August 1974, between 2 August 1990 and 30 November 1995 and commencing
again on 11 September 2001.

8.  Army Regulation 600-8-22 provides for award of the Korean Service
Medal.  In pertinent part, the regulation states that the Korean Service
Medal is awarded for qualifying service in the theater of operations
between 27 June 1950 and
27 July 1954.

9.  Army Regulation 600-8-22 also provides for award of the Armed Forces
Expeditionary Medal for service in Korea between 1 October 1966 and 30 June
1974.

10.  Army Regulation 635-5, in effect at the time, and which established
the policies and provision for preparation and distribution of separation
documents did provide for an entry to reflect an individual overseas
service (item 24c) but there were no provisions for specifying on the
separation document the location or locations of that overseas service.






DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant’s period of military service occurred at
time when there were no service medals issued merely in recognition of an
individual’s honorable service in the Army.  The applicant entered active
duty service 2 days after the period, for which the National Defense
Service Medal was authorized, ended.

2.  While the evidence does clearly show that the applicant did serve in
Korea, it was outside the periods of service for which decorations, such as
the Korean Service Medal and the Armed Forces Expeditionary Medal, were
issued.

3.  There were no provisions for recording the location of an individual’s
overseas service on the separation document at the time the applicant was
released from active duty and as such the absence of such information
creates no error or injustice.  The applicant, however, should be able to
utilize the unit morning reports as confirmation of his service in Korea.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 July 1957; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
25 July 1960.  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                 |AR20040002578                           |
|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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