RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 September 2004
      DOCKET NUMBER:  AR2004102271


      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. Karen Y. Fletcher             |     |Member               |
|     |Mr. Ronald E. Blakely             |     |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 separation document (DD
Form 214) be corrected by showing his rank as private first class (PFC) in
Item 3a (Grade, Rate or Rank) and adding the Army Good Conduct Medal (AGCM)
to the list of authorized awards contained in Item 26 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Medals Awarded or
Authorized).

2.  The applicant states, in effect, that he held the rank of PFC at the
time of his discharge and that his Honorable Discharge Certificate
erroneously lists his rank as private (PVT).  He also claims that he was
awarded the AGCM, but it was not included in the list of awards contained
in Item 26 of his DD Form 214.

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 15 December 1956.  The application submitted in this case
is dated 7 January 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 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.

4.  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 DD Form 214, dated 15 December 1956.
5.  The applicant’s DD Form 214 shows he entered the Regular Army on 4 June
1953 and continuously served on active duty until being honorably separated
on
15 December 1956.  This document further shows that during this period of
active duty service, he completed 2 years, 11 months, and 1 day of
creditable active military service and that he accrued 221 days of time
lost.

6.  Item 3a of the applicant’s DD Form 214 contains an entry that confirms
he held the rank of PFC on the date of his separation.  Item 26 confirms
that during this period of active duty service, he was awarded the National
Defense Service Medal, Korean Service Medal and United Nations Service
Medal.  The AGCM is not included in this list of authorized awards.

7.  An Authorization for Issuance of Awards (DA Form 1577) on file, dated
22 May 2000, issued by the National Personnel Records Center (NPRC),
directed that the applicant be issued the National Defense Service Medal,
Korean Service Medal and United Nations Service Medal.  It did not
authorize the issue of the AGCM.

8.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign service award to eligible US veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.

9.  The Department of Defense assigned responsibility to the Department of
the
Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  In order to apply, the applicant
should submit a copy of his DD Form 214 to the Awards and Decorations
Section, Headquarters,
Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force
Base, Texas 78150-4714.  Once the Korean War Service Medal has been
authorized by the Department of the Air Force, the applicant may apply to
this Board to add this foreign award to his DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 confirms he held the rank of PFC on the
date of his separation from active duty as he claims.  Therefore, his
record is correct and Board action is not required on this issue.

2.  There is no evidence available to show the applicant was ever awarded
the AGCM by proper authority.  Further, his separation document confirms he
accrued 221 days of time lost during his active duty tenure, which likely
disqualified him from receiving this award.  Absent any evidence to
corroborate the applicant’s claim that he was awarded the AGCM by proper
authority, there is an insufficient evidentiary basis to support granting
this award at this time.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 December 1956.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on
14 December 1959.  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.

4.  The incorrect rank listed on the applicant’s Honorable Discharge
Certificate constitutes an administrative error that does not require Board
action to
correct.  Therefore, administrative correction of the applicant’s records
will
be accomplished by the Case Management Support Division (CMSD),
St. Louis, Missouri, as outlined by the Board in paragraph 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_FE ____  _KYF____  __REB__  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by issuing him a corrected Honorable Discharge Certificate that
lists his rank as Private First Class.




            ____FRED EICHORN_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102271                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1956/12/15                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY WITH NOTE                          |
|                        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]