RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050004395


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Mr. Robert Rogers                 |     |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 his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show the
Noncommissioned Officers (NCO) Academy and the European Command Ordnance
School in item 30 (Service Schools or Colleges, College Training Courses
and/or Post-Grad Courses Successfully Completed).  He also requests
correction of his DD Form 214 to show award of the Army Good Conduct Medal
in item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized).

2.  The applicant states that his DD Form 214 is missing information.

3.  The applicant provides a copy of his DD Form 214 and two school
certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 15 December 1952.  The application submitted in this case is dated 4
March 2005.

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.  This
case is being considered primarily using the applicant's DD Form 214.

4.  The applicant enlisted in the Regular Army on 9 August 1949 for a
period of 3 years with a 1-year extension.  His DD Form 214 shows he held
military occupational specialty (MOS) 1602 (Antiaircraft Artillery
Automatic Weapons Chief).

5.  He was promoted to sergeant on 18 May 1951.



6.  The applicant provided a certificate from the European Command Ordnance
School which shows he successfully completed a course of instruction,
"40mm, MI, AA Gun, O.M., " on 5 January 1952.  This certificate also shows
the applicant was recommended for MOS 4833 (Antiaircraft Automatic Weapons
Mechanic).

7.  The applicant provided a diploma from the 1st Infantry Division
Artillery Non-Commissioned Officers Academy which shows he completed the
prescribed course of instruction and was declared a graduate of this school
on 13 July (year unknown).

8.  The applicant was honorably discharged from active duty on 15 December
1952.  He completed 3 years, 4 months and 7 days total active military
service.  There is no record of the applicant's conduct and efficiency
ratings for his period of active military service.

9.  His DD Form 214 shows he was awarded the Army of Occupation Medal
(Germany Clasp).

10.  Army Regulation 635-5 (Separation Documents), in effect at the time,
prescribed the separation documents prepared for Soldiers upon retirement,
discharge, or release from active military service or control of the Army.
It established standardized policy for the preparation of the DD Form 214.
In the version in effect at the time, it stated that service schools,
including dates and major course which were completed during the period
covered by the DD Form 214 will be entered in item 30.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a certificate which shows he successfully
completed training at the European Command Ordnance School on 5 January
1952.  Therefore, this school should be added to his DD Form 214.

2.  The applicant provided a diploma which shows he completed the
prescribed course of instruction at the 1st Infantry Division Artillery Non-
Commissioned Officers Academy.  Although the diploma does not reflect the
year he completed the school, it would be appropriate to add this school to
his DD Form 214.

3.  The applicant's DD Form 214 shows he completed 3 years of active
military service.  However, there is no record of his conduct and
efficiency ratings for this period of service.  Therefore, there is
insufficient evidence in which to base award of the Army Good Conduct Medal
in this case.

4.  The evidence of record shows the applicant completed a period of
honorable service from 9 August 1949 to 15 December 1952.  Therefore, he
met the eligibility criteria for award of the National Defense Service
Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 December 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
14 December 1955.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

BE______  HF______  RR______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by adding the entries "European Command Ordnance School, January
1952" and "1st Infantry Division Artillery School, dates unknown", to item
30 on his DD Form 214; and

      b.  by adding the National Defense Service Medal to item 27 on his
DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Army Good Conduct Medal.




                            Barbara Ellis_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004395                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0700                                |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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