RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040010174


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 "Denmark Arctica Service Medal."

2.  The applicant states he served in the Arctic Circle at
Sondrestromfjord, Greenland and should be awarded the subject service
medal.

3.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 April 1956.  The application submitted in this case is
dated 28 October 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.  The applicant’s records
were partially 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.  The applicant served on active duty from 4 November 1952 to 24 April
1956.  He served in Greenland from on/about 26 May 1953 to on/about 1
November 1953.  He also served in the Far East Command (FECOM) in Korea
from on/about 31 March 1954 to on/about 2 May 1954.

5.  The applicant's DD Form 214 (Report of Separation From The Armed Forces
of The United States) shows he had 3 years, 1 month, and 26 days of
creditable active Federal service and 115 days of lost time due to absence
without leave (AWOL) and military confinement.  He is credited with at
least 4 months of Foreign and/or Overseas Service; the document is burned
and partially illegible.
6.  The applicant's DD Form 214 shows that he was awarded the National
Defense Service Medal, the Korean Service Medal, and the United Nations
Service Medal.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.
This regulation does not contain a "Denmark Arctica Service Medal."  The US
Navy, US Air Force, and US Coast Guard recognize Arctic service with an
appropriate service medal or appurtenance to an overseas service medal, but
the US Army does not have such award.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant spent time in Greenland in 1953, the Army does
not have a service medal to recognize that foreign service.

2.  The applicant's records show all awards to which he is entitled.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 April 1956; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 23 April 1959.  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

__wdp___  __jtm___  __ljo___  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.




                                  William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010174                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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