RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 January 2006
      DOCKET NUMBER:  AR20050009034


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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, award of the Good Conduct Medal.

2.  The applicant states, in effect, that his service records were
destroyed in a fire in 1973 and that he is entitled to award of the Good
Conduct Medal.  He states it has not been shown that all branches of the
service were searched in an attempt to locate his records.  He was assigned
to the Army Air Corps from June to August 1943 and to the Army Service
Forces from August 1943 to April 1944, when he was assigned to the 78th
Infantry Division.

3.  The applicant provides a letter, dated 5 May 2005, from the National
Personnel Records Center, St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 March 1946.  The application submitted in this case is dated 14 June
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 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.

4.  The applicant was inducted on 28 May 1943 and entered active duty on
11 June 1943.  He served in the European Theater of Operations from
25 October 1944 through 15 February 1946 and was honorably discharged on
2 March 1946.

5.  Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55
shows he participated in three battles and campaigns.  His WD AGO Form 53-
55 shows the American Campaign Medal, the World War II Victory Medal, and
the European-African-Middle Eastern Service Medal as authorized awards.
6.  There are no orders for the Good Conduct Medal in the available
records.

7.  Army Regulation 600-45, 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.

8.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant's service personnel records are not available,
there is insufficient evidence on which to base award of the Good Conduct
Medal in this case.  Even if records from other branches of the Armed
Forces were discovered, they would account for less than 1 year of his
total service, an insufficient period of time on which to base award of the
Good Conduct Medal.

2.  The applicant participated in three battles and campaigns during World
War II which entitles him to the European-African-Middle Eastern Campaign
Medal with three bronze service stars.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 2 March 1946; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 1
January 1950
(3 years after the Board was established on 2 January 1947).  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.

4.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  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

SP_____  _CD_____  __KJ____  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 an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the European-African-
Middle Eastern Campaign Medal with three bronze service stars.




            __Shirley Powell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050009034                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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