RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 May 2005
      DOCKET NUMBER:  AR20040005707


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, any awards to which he is entitled.


2.  The applicant states, in effect, that he received no overseas medal for
his service in the European Theater, nor did he receive a medal for his
total active service.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 12 July 1957.  The application submitted in this case is
Dated 10 August 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant’s separation document (DD Form 214).

4.  The applicant’s separation document confirms he was inducted into the
Army and entered active duty on 25 July 1955.  He was trained in, awarded
and served in military occupational specialty (MOS) 442.10 (Welder).

5.  The applicant’s DD Form 214 further shows that as of the date of his
separation, the applicant held the rank of private/E-2 (PV2) and that his
date of rank was 29 May 1957.  It also shows he completed 1 year, 1 month
and 2 days of overseas service.
6.  On 12 July 1957, the applicant was honorably separated after completing
a total of 1 year, 11 months and 18 days of active military service.  The
DD Form 214 contains the entry “None” in Item 26 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized), and the applicant authenticated the separation document with
his signature in Item 34 (Signature of Person Being Transferred or
Discharged).

7.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards
policy.  Paragraph 5-4 contains guidance on the Overseas Service Ribbon.
It states, in pertinent part, that it is awarded for completion of an
overseas tour after 1 August 1981.  There were no retroactive provisions
for members not on active duty on or after 1 August 1981.

8.  Paragraph 5-12 of the awards regulation contains guidance on award of
the European-African-Middle Eastern Campaign Medal.  It states, in
pertinent part, that it is awarded for service in the European Theater
between 7 December 1941 and 8 November 1945.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
prescribed the Army’s awards policy.  Section III provided guidance on
award of the Army Good Conduct Medal (AGCM) and stated, in pertinent part,
that it was awarded on a selective basis to each Soldier who distinguished
himself from among his fellow Soldiers by his exemplary conduct,
efficiency, and fidelity.  It further stated that there was no right or
entitlement to this medal until the immediate commander made a positive
recommendation for its award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for awards recognizing his active service and
overseas service in Europe was carefully considered.  However, there is
insufficient evidence to support any awards at this time.

2.  Item 26 of the applicant’s DD Form 214 contains the entry “None”, which
indicates he earned no awards during his active duty tenure, and the
applicant authenticated the separation document with his signature in Item
34.  His signature was, in effect, his verification that the information
contained on the
DD Form 214, to include the Item 26 entry, was correct at the time the
document was prepared and issued.  Therefore, it appears the applicant had
not earned any awards prior to his separation.

3.  Careful consideration was given to awarding the applicant the first
award of the AGCM for his honorable active duty service.  However, the
normal time in service for PV2 advancement absent a unit commander denial
is six months, and his PV2 date of rank was 29 May 1957, almost two years
after he entered active duty.  As a result, it appears he may have been
reduced in rank.  Thus, it would not be appropriate to award the AGCM based
on the DD Form 214 alone.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 July 1957.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
11 July 1960. However, he failed to 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

___FE __  __LDS __  ___MJF__  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.




            ____Fred Eichorn__________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040005707                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1957/07/12                              |
|DISCHARGE AUTHORITY     |AR 635-250                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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