RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 November 2004
      DOCKET NUMBER:  AR2004103838


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Shirley L. Powell             |     |Member               |
|     |Mr. Patrick H. McGann             |     |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, correction of his separation
document
(DD Form 214).

2.  The applicant states, in effect, that his DD Form 214 erroneously lists
NA
(Not Applicable) in the upper margin and Item 8 (Reason and Authority for
Separation) contains the erroneous entry “AR 615-365 COFG (PETS) & Swc VI
SR 615-360-5”.  He further claims that the following awards should be
included in Item 27 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized):  European-African-Middle
Eastern Campaign Medal, Army Good Conduct Medal (AGCM), World War II
Victory Medal, Army of Occupation Medal with Germany Clasp, and National
Defense Service Medal.

3.  The applicant provides a copy of his DD Form 214 and Honorable
Discharge Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
occurred on 6 November 1953.  The application submitted in this case is
dated 4 February 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.  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 that primarily consist of the
applicant’s separation document.

4.  The top margin of the DD Form 214 provided by the applicant contains
the following information “(NA) Not Applicable”.  This is simply an
information tool that explains the NA entry in various items of the DD Form
214 stands for not applicable.

5.  The applicant’s separation document confirms he entered active duty on
26 November 1950.  It further shows that he was separated on 6 November
1953, after completing 2 years, 11 months and 11 days of active military
service during the period documented by the DD Form 214.  It further shows
that he had completed 5 years, 5 months and 5 days of prior military
service.  Item 8 (Reason and Authority for Separation) contains an entry
indicating that he was separated under the provisions of Army Regulation
615-365, by reason of convenience of the government (COFG) prior to the
expiration of his term of service (PETS) and Special Regulation 615-360-5,
which provided for the early separation of overseas returnees.

6.  Item 27 of the applicant’s DD Form 214 indicates he earned the National
Defense Service Medal and Army of Occupation Medal with Germany Clasp
during the period of service covered by the separation document.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 contains
guidance on award of the AGCM.  It lists the following qualifying periods
for the award:  each 3 years completed on or after 27 August 1940; for
first award only, 1 year served entirely during the period 7 December 1941
to 2 March 1946; for first award only, upon termination of service on or
after 27 June 1950, of less than 3 years but more than 1 year; for first
award only, upon termination of service, on or after
27 June 1950, of less than 1 year when final separation was by reason of
physical disability incurred in line of duty; for first award only, for
those individuals who died before completing 1 year of active Federal
military service if the death occurred in the line of duty.

8.  Paragraph 5-11 of the awards regulation contains guidance on award of
the World War II Victory Medal.  It states, in pertinent part, that it is
awarded for service during World War II performed between 7 December 1941
and
31 December 1946.  Paragraph 5-12 contains guidance on award of the
European-African Middle Eastern Campaign Medal.  It states, in pertinent
part, that it was awarded for service in the European Theater of Operations
completed between from 7 December 1941 and 8 November 1945.
9.  Army Regulation 630-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time provided for issue of a DD Form
214 upon completion of each period of active duty service.  It further
stipulated that only awards earned during the period of active duty service
covered by the
DD Form 214 would be entered in Item 27.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected
because of the NA entry in the upper margin, the error in the separation
authority entry in Item 8 and the list of awards in Item 27 was carefully
considered.  However, there is insufficient evidence of any error or
injustice related to the information in question.

2.  The NA entry in the upper margin is not an official DD Form 214 entry
and appears simply to be an explanation of what the NA entries in other
items of the DD Form 214 represents.  As a result, there is no apparent
error or injustice related to the use of this language.

3.  Further, the awards referred to by the applicant that are not already
entered in Item 27 of his DD Form 214 are World War II awards and were
authorized for service between 1941 and 1946.  The separation document in
question only documents the applicant’s service between 26 November 1950
and 6 November 1953.  The regulation in effect at the time provided for
entering awards earned during the period covered by the separation document
in Item 27 and did not provide for the entry of previously earned awards.

4.  In addition, the applicant’s military records were not made available
to the Board and he failed to provide any records or earlier separation
documents related to prior active duty service he may have completed prior
to 26 November 1950.  As a result, he may have received one or more of the
awards he now requests and they could have been included in an earlier
separation document.

5.  In addition, absent evidence confirming he did not receive the AGCM for
a prior period of active duty service, it would be inappropriate to award
him the first award for the period of service covered by the 6 November
1953 DD Form 214.   Further, lacking verification of his entitlement to any
of the requested awards, there is an insufficient evidentiary basis to
support adding any awards to those already listed in Item 27 of the
separation document in question.
6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 November 1953.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 5 November 1956.  However, he 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

___JNS_  __SLP___  ___PHM_  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.




            ____John N. Slone_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103838                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/11/06                              |
|DISCHARGE AUTHORITY     |AR 615-365 & SR 615-360-5               |
|DISCHARGE REASON        |COFG Overseas Returnee                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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