RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060009031 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Marla J. N. Troup

Chairperson

Mr. John G. Heck

Member

Mr. Donald L. Lewy

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 that his records be corrected to show the award of the National Defense Service Medal and the Army of Occupation Medal. 

2.  The applicant states, in effect, that he should be awarded the National Defense Service Medal for service during the period 1955 to 1959 and the Army of Occupation Medal.  He states, in effect, that he served in Germany during the period 2 April 1955 to December 1957.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his Honorable Discharge Certificate, dated 31 December 1962, and two copies of Headquarters Transfer Point Special Orders from Fort Benning, Georgia.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 23 January 1959, the date of his discharge from active duty.  The application submitted in this case is dated 17 June 2006.

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 personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973.  The primary military personnel records available to this Board are the DD Form 214 submitted by the applicant with a separation date of 23 January  
1959 and a copy of his transfer orders from Headquarters Transfer Point, Fort Benning, Georgia

4.  The applicant entered active duty on 25 January 1955 for a period of four years.  He completed basic combat training and advanced individual training and was awarded the specialty number and title 147.10 (Heavy Rocket Crewman).



5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD  
Form 214 shows that his most significant award was the Good Conduct Medal.

6.  His DD Form 214 shows that his last unit of assignment and major command was D Battery, 1st Field Artillery Battalion, 12th Artillery.  However, it does not provide any additional information to verify his service in Germany. 

7.  Army Regulation 600-8-22 (Military Awards) provides 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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.

9.  A review of the applicant's reconstructed records does not indicate entitlement to additional awards and decorations not shown in item 26 of his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the National Defense Service Medal and the Army of Occupation Medal for his service from 1955 to 1958.

2.  In order for the applicant to qualify for the National Defense Service Medal, he would have had to served during the period between 27 July 1950 through  
27 July 1954.  The applicant entered active duty on 25 January 1955 and served until 23 January 1959; therefore, he is not entitled to correction of his records to show the award of the National Defense Service Medal.

3.  In the absence of his military records, which show the applicant served in Germany during the qualifying period, there is insufficient basis for award of The Army of Occupation Medal.

4.  Records show the applicant should have discovered the alleged error now under consideration on 23 January 1959; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 22 January 1962.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___mjnt__  ____jgh_  ____dll___  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.




_________Marla J. N. Troup________
          CHAIRPERSON




INDEX

CASE ID
AR20060009031
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.