RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 September 2005
      DOCKET NUMBER:  AR20040011504


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 correction of Item 27 (Decorations, Medals,
Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 (Report of Separation from the Armed Forces
of the United States) to show the Good Conduct Medal and the Sharpshooter
Marksmanship Badge with M-1 Rifle, Grenade, Bayonet, Hand Grenade, and .50
Caliber Machine Gun Bars.

2.  The applicant states that his awards and decorations are not listed on
his DD Form 214.

3.  The applicant does not provide any documents, or other form of
evidence, in support of his request.  He states that he is unable to locate
any documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 25 March 1954.  The application submitted in this case is dated
17 August 2004 and was received by the Board on 23 December 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 limitation 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 were destroyed in the fire at the
National Personnel Records Center in 1973.  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 available records show that the applicant enlisted in the Regular
Army on 18 June 1953.  He served at Fort Ord, California and Fort Hood,
Texas, prior to being assigned to the Medical Holding Detachment at Fort
Sam Houston, Texas.

5.  Item 27 of his DD Form 214 shows the applicant is entitled to the
National Defense Service Medal.  No other awards or decorations are listed.

6.  Section 9 (Medals, Decorations, and Citations) of the applicant’s DD
Form 230 (Service Record) shows he is entitled to the National Defense
Service Medal.  No other awards or decorations are listed.

7.  On 18 March 1954, the applicant appeared before a board of officers to
determine whether or not he should be discharged from the Army.  The board
proceedings show that, at the time, he was entitled to the National Defense
Service Medal.  These proceedings also show that the applicant was in an
Absent Without Leave (AWOL) status for a total of 34 days and that he
desired to be discharged from the Army.  The board recommended that he be
discharged from the Army for unsuitability.

8.  The applicant was discharged on 25 March 1954 under the provisions of
Army Regulation 615-369, unsuitability, in the rank of private, E-2.  He
had served a total of 8 months, and 4 days of active service and had 34
days of lost time.

9.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records show that the quality of his service did not
meet the standards of conduct and performance expected of Army personnel.
To the contrary, he had 34 days of AWOL in a period of less than 1 year and
was discharged for unsuitability.  Therefore, he is not entitled to award
of the Good Conduct Medal or correction of his records to show this award.

2.  There is no evidence that the applicant was ever awarded the
Sharpshooter Marksmanship Badge.  Therefore, he is not entitled to award of
this marksmanship badge or correction of his records to show it.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 March 1954; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 24 March 1957.  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

___sk ___  ___rtd___  ___bje___  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.




            __________Stanley Kelley__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011504                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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