RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        07 August 2007
      DOCKET NUMBER:  AR20070002974


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Ernestine I. Fields           |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 award of the Army Good Conduct Medal, the
National Defense Service Medal, and the United Nations Service Medal.

2.  The applicant states that his records were destroyed in the 1973 fire;
however, he does have an original copy of his Report of Separation (DD
Form 214) which lists only the Army of Occupational Medal (Germany).  He
states that based on his DD Form 214 he believes that he is eligible for
the previously mentioned decorations.  He states that the National Defense
Service Medal and the United Nations Service Medal were created after his
discharge; however, eligible dates included his term of service.  He states
that he believes that the omission of the Army Good Conduct Medal was an
unfortunate oversight.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from his DD Form 214.

2.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 August 1952.  The application submitted in this case
is dated 1 January 2007.

3.  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.

4.  On 15 April 1949, the applicant enlisted in the Army in Charleston,
West Virginia, for 3 years, in the pay grade of E-1.  He successfully
completed his training as an antiaircraft artillery cannoneer.

5.  He was honorably discharged on 27 August 1952, under the provisions of
Army Regulation 615-365, Department of the Army (DA) Message 323863 and DA
Circular Number 38-1952, for the Convenience of the Government.  He had
completed 3 years, 4 months, and 13 days of net active service.  The DD
Form 214 that he was furnished at the time of his discharge indicates that
he was awarded the Army of Occupation Medal w/Germany Clasp.

6.  Army Regulation 600-8-22 (Military Awards) 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 through a date to be determined.

7.  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.

8.  Army Regulation 672-5-1, 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.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant had completed 3 years of continuous enlisted active
Federal military service, there is no information contained in the
available records that shows that his conduct and efficiency rating were
rated as excellent while he was in the Army.  Therefore, this Board is
unable to determine his eligibility for award of the Army Good Conduct
Medal.

2.  Additionally, there is no evidence in the available record that shows
that the applicant was ever dispatched to Korea or adjacent areas on behalf
of the United Nations while he was in the Army.  Therefore, he is not
entitled to the United Nations Service Medal.

3.  However, the applicant is entitled to award of the National Defense
Service Medal.  He served on active duty during one of the qualifying
periods and his DD Form 214 should be corrected to reflect this decoration.

4.  In view of the foregoing, it would be in the interest of justice to
correct the applicant's records as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 August 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 August 1955.  The applicant did not file within the
3-year statute of limitations; however, based on the available evidence, it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS__  __RJF___  __EF___  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
National Defense Service Medal and amending his DD Form 214 accordingly.





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 him the Army Good Conduct Medal and the United Nations Service
Medal.




                                  ___Linda D. Simmons___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002974                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070807                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  102                 |107.0056/AGCM                           |
|3.  115                 |107.0069/NDSM                           |
|4.  131                 |107.0085/UNSM                           |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]