IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20070017229 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded all medals to which he is entitled, including the National Defense Service Medal and the Good Conduct Medal.

2.  The applicant states, in effect, that they were omitted from his DD Form 214, Report of Separation from the Armed Forces of the United States, at the time he was released from active duty.

3.  The applicant submitted a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records and from alternate sources.

3.  The applicant's records show he was inducted into the Army of the United States, in Detroit, Michigan, on 23 February 1951.  Following completion of basic combat training and his advanced individual training he was awarded the primary military occupational specialty 1059, Construction Foreman.

4.  The applicant was honorably released from active duty and transferred to the US Army Reserve (USAR) in the rank of Private First Class on 27 February 1953, in accordance with Service Regulation (SR) 615-363-5, at the expiration of his term of service.  On the date of his release from active duty, the applicant had completed 2 years and 5 days active military service with no time lost.

5.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214, shows he served overseas for 18 days.  The country in which this service was performed is not shown on the applicant's DD Form 214.

6.  Item 27 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he received no awards or decorations while he served on active duty.

7.  On 10 May 1997, the applicant wrote a letter to the US Army Reserve Personnel Center, St. Louis, Missouri, requesting in effect, that all medals that he received during his active duty service be sent to him.  In this letter, the applicant stated he had been drafted into the Army in February 1951 and had been discharged in February 1953.  He added he had served overseas in France in 1952 for approximately 9 months.

8.  On 2 July 1999, the applicant was provided a reply to an inquiry he submitted to the National Personnel Records Center, St. Louis, Missouri.  In his letter of inquiry, the applicant stated, in effect, he was overseas in the Army in 1952-1953 during the Korean Conflict and he did not receive a Korean medal.  He added he was also in the ready Reserve and he would like the medal for that.  After he came out of the service, he lost the medals, including the PFC (Private First Class) medal and the Sharpshooter Marksmanship Qualification Badge he earned.  He added that he would appreciate getting these medals replaced as well as being awarded the Overseas Service Ribbon.

9.  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.

10.  Army Regulation 600-8-22 provides for award of the Good Conduct Medal to Soldiers for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes himself or herself by their exemplary conduct efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  Qualifying periods of service for award of the Good Conduct Medal are as follow:  a) each 3 years completed on or after 27 August 1940; b) for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; c) for first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year; d) for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty; and e) for first award only, for those individuals who died before completing 1 year of active Federal military service if the death occurred in the line of duty. 

11.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

12.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

13.  Army Regulation 600-8-22, in pertinent part, provides for award of the Armed Forces Reserve Medal. It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal include requirements for such service to be completed within 12 consecutive years and service in a regular component of the Armed 

Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to ward this award but does not constitute a break in service.

14.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records were lost or destroyed in the National Personnel Records Center fire of 1973.  Because they are not available for review by the Board, the Board can not determine if the applicant met the established criteria for award of the Good Conduct Medal.  In view of the non-availability of these service records, the applicant is therefore not entitled to award of the Good Conduct Medal and to have this award added to his DD Form 214.

2.  The evidence of record shows the applicant served honorably on active duty during one of the recognized periods for award of the National Defense Service Medal.  He is therefore entitled to award of the National Defense Service Medal and to have this award added to his DD Form 214.

3.  The applicant's DD Form 214 shows the applicant served overseas for a period of 18 days; however, the country in which this service was performed is not known.  The applicant's service record contains conflicting information, which he introduced, about the country in which he served; therefore, in the absence of 

reliable evidence that can be corroborated about the country in which he served, the applicant is not entitled to any service award for which he might  have qualified, including the Korean Service Medal and the United Nations Service Medal.

4.  There is no evidence the applicant was a member of the Reserve or had sufficient service to qualify for award of the Armed Forces Reserve Medal before the date he was inducted into the Army of the United States.  Absent any evidence of this qualifying Reserve service before the date of his induction, the applicant is not entitled to award of the Armed Forces Reserve Medal and to have it added to his DD Form 214.

5.  The evidence shows that the Overseas Service Ribbon was not established until 10 April 1981 by the Secretary of the Army.  The applicant was released from active duty on 27 February 1953.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981; however, since there is no evidence he completed a normal overseas tour of duty and he was not on active duty on or after 1 August 1981, the applicant is not entitled to award of the Overseas Service Ribbon and to have it added to his DD Form 214.

6.  Because the applicant's service records are believed to have been lost or destroyed in the National Personnel Records Center fire of 1973, they are not available for review by the Board for a determination if he met the criteria for award of a marksmanship qualification badge and the degree for which he qualified.  In view of the non-availability of these service records, the applicant is therefore not entitled to award of a marksmanship qualification badge and to have it added to his DD Form 214

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_____  ____x___  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the National Defense Service Medal and adding this award to the applicant's 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 awarding the applicant the Good Conduct Medal, and other awards, and adding these awards to his DD Form 214. 




       _    _____x__   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070017229



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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