RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050007010


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 (Armed Forces of
the United States Report of Transfer or Discharge), dated 21 April 1959, to
show award of the American Campaign Medal.

2.  The applicant, in effect states he believes he is entitled to award of
the American Campaign Medal, and it was omitted from his service record.

3.  The applicant provides a copy of his DD Form 214, dated 21 April 1959
and refers to his military service record in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred 21 April 1959, the date of his separation from Active Duty.
The application submitted in this case is dated 28 April 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 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.  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
that the applicant submitted for the Board to conduct a fair and impartial
review of this case.

4.  Record shows the applicant was inducted into the Army of the United
States on 25 April 1957.  He completed basic training and advanced
individual training and was awarded military occupational specialty 635.10
(Auto Repairman).  Upon completion of his training, he was assigned to the
136th Ordnance Company.



5.  The applicant's DD Form 214 shows that, on 21 April 1959, the applicant
was honorably separated from active duty, as an early overseas returnee and
transferred to the United States Army Reserve Control Group (Reinforcement)
to complete his service obligation.

6.  Item 24 (Statement of Service) of his DD Form 214, dated 21 April
1959, shows he had a total of 1 year 11 months and 27 days of active
service and 1 year, 5 months and 15 days of foreign service.

7.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the American Campaign Medal.

8.  There is no authority in the applicant's personnel record entitling him
to award of the American Campaign Medal.

9.  Army Regulation 600-8-22 (Awards) provides, in pertinent part, for
award of the American Campaign Medal.  This campaign medal is awarded for
qualifying service in the American Theater between 7 December 1941 and 2
March 1946.  Qualifying service includes permanent assignment outside the
continental United States, duty as a crewmember aboard a vessel sailing
ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside
the continental United States as a passenger or in a temporary duty status
for 30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the American
Campaign Medal.

2.  Evidence of record shows that the applicant's only period of overseas
service occurred from 25 April 1957 through 23 April 1959.

3.  Army Regulation shows that the period of eligibility for award of the
American Campaign Medal was from 7 December 1941 through 2 March 1946.

4.  Based on these facts the applicant did not meet the eligibility
criteria for award of the American Campaign Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 April 1959.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 20 April 1962.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_LMD___  __SK___  __MHM___  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                 |AR20050007010                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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