RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 August 2007
      DOCKET NUMBER:  AR20070001355


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Ernestine I. Fields           |     |Member               |
|     |Mr. Randolph J. Flemings          |     |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 Army Good Conduct Medal
(AGCM) and removal of the lost time entry from Item 38 (Remarks) of his
11 June 1952 separation document (DD Form 214).

2.  The applicant states, in effect, that in conjunction with his
assignment to Korea, he was given a 7-day delay en route and travel time.
He states that he flew home and gained an extra week because he flew rather
than taking the train.  He states that when he landed, the bus to take him
to Camp Stoneman, California, was late by about 30 to 45 minutes and when
he checked in, he was told he was late and being charged with being absent
without leave (AWOL).  He claims he had no control over the bus and
therefore, he feels compelled to request the Army remove the 1 day of time
lost from his record and separation document.  He also requests to be
awarded the AGCM and that all other missing awards be added to his DD Form
214.

3.  The applicant provides his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 June 1952, the date of his separation.  The
application submitted in this case is dated 19 January 2007.

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 for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center (NPRC) 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, which primarily consists of
his DD Form 214.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army and
entered active duty on 1 September 1948.  It also shows that at the time of
his separation, he was serving in military occupational specialty (MOS) 745
(Infantryman) and he held the rank of corporal.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he earned the following awards during his active duty tenure:
Parachutist Badge; Korean Service Medal (KSM) with bronze arrowhead and 4
bronze service stars; Army of Occupation Medal (AOM) with Japan Clasp;
United Nations Service Medal (UNSM); and Combat Infantryman Badge (CIB).

6.  On 11 June 1952, the applicant was honorably separated after completing
a total of 4 years, 11 months, and 2 days of creditable active military
service.  Item 38 confirms the applicant accrued 1 day of time lost.  The
applicant authenticated the DD Form 214 with his signature in Item 48
(Signature of Person Being Separated).

7.  The applicant's NPRC file contains no information regarding a unit
commander disqualification for the AGCM.  The file does contain an
Authorization for Issuance of Awards (DA Form 1577), dated 30 October 2000,
which authorized the applicant to be issued the AGCM, AOM with Japan Clasp,
National Defense Service Medal (NDSM), KSM with bronze arrowhead and
4 bronze service stars, CIB, and the UNSM.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-10 contains
guidance on the NDSM.  It states, in pertinent part, that it is authorized
for any period of honorable active duty service completed during any period
between 27 June 1950 and 27 July 1954; 1 January 1961 and 14 August 1974; 2
August 1990 and 30 November 1995; and from 11 September 2001 to a date to
be determined.

9.  Chapter 4 of the awards regulation prescribes the policy for award of
the AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

10.  Paragraph 9-16 of the awards regulation provides guidance on the
Republic of Korea-Korean War Service Medal (ROK-KWSM).  It states, in
pertinent part, that it is authorized to members who served in Korea for
30 consecutive or 60 non-consecutive days, between 25 June 1950 and
27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, award of the AGCM is not automatic; however,
disqualification must be justified.  The evidence confirms the applicant
completed a total of
4 years, 11 months, and 2 days of honorable active military service.
Absent any evidence of a unit commander disqualification, and given his
overall record of honorable wartime service, it would be appropriate and
serve the interest of equity to award him the AGCM, for his qualifying
three-year period of honorable period of active duty service from 1
September 1948 through 31 August 1951.

2.  The evidence also confirms that based on his active duty service and
service in Korea, the applicant is also entitled to the NDSM and ROK-KWSM.
Therefore, it would also be appropriate to add these awards to his record
and separation document at this time.

3.  The applicant's request to remove the 1 day of time lost from his
record and separation document was also carefully considered.  However,
Item 38 of his
DD Form 214 confirms he accrued 1 day of time lost and he authenticated the
DD Form 214 with his signature in Item 48 on the date of his separation.
In effect, his signature was his verification that the information
contained on the separation document, to include the lost time entry in
Item 38, was correct at the time the document was prepared and issued.  The
DD Form 214 issued to and authenticated by the applicant on the date of his
separation carries with it a presumption of regularity.  Notwithstanding
the applicant's assertions regarding the time lost entry, absent any
evidence of record to the contrary, there is an insufficient evidentiary
basis to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS _  __EIF     _  __RJF   _  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 by awarding him the Army
Good Conduct Medal for his qualifying period of honorable active duty
service from 1 September 1948 through 31 August 1951; by showing his
entitlement to the National Defense Service Medal and the Republic of Korea-
Korean War Service Medal; and by providing him a correction to his
separation document that includes these awards.

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
removal of the 1 day time lost entry from his DD Form 214.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001355                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/06/11                              |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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