IN THE CASE OF:	  

		BOARD DATE:	        11 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080006281 


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 the National Defense Service Medal, and that his schooling be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant essentially states that his service from 1954 to 1957 was during the Korean War which entitles him to award of the National Defense Service Medal.  He also states, in effect, that he completed several schools, to include receiving his General Equivalency Diploma (GED), but that his schooling is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 in support of this 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  This case is being considered using the DD Form 214 provided by the applicant.

3.  The applicant's DD Form 214 shows that he enlisted in the Regular Army on 
4 November 1954.  It also shows that he was awarded military occupational specialty 111.17 (Light Weapons Infantryman), and that he completed 1 year and 7 months of foreign and/or sea service.  He was promoted to specialist three with a date of rank of 20 January 1956.  On 18 October 1957, he was honorably released from active duty.  His DD Form 214 shows that he was awarded the Good Conduct Medal and the basic Parachutist Badge.

4.  The applicant requested that he be awarded the National Defense Service Medal.  However, he did not serve on active duty during a qualifying period of service for award of the National Defense Service Medal.  

5.  Item 28 (Service Schools or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully Completed) and item 29 (Other Service Training Courses Successfully Completed) of the applicant's DD Form 214 both have entries of "None."  The applicant requested that his schooling be added to his 
DD Form 214.  However, the applicant did not provide any evidence which shows that he completed any service schools or military-sponsored courses completed in civilian schools or colleges during the period covered by his DD Form 214.  He also did not provide any evidence which shows that he completed any installation training/qualification courses, military correspondence courses, or off-duty courses during the period covered by his DD Form 214.

6.  The applicant essentially stated that his service from 1954 to 1957 was during the Korean War which entitles him to award of the National Defense Service Medal.  He also stated, in effect, that he completed several schools, to include receiving his GED, but that his schooling is not listed on his DD Form 214.
  
7.  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 to a date to be determined.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of the DD Form 214.  It provided that for item 28, service schools or military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 would be entered.  For item 29, it provided that installation training/qualification courses, military correspondence courses, or off-duty courses during the period covered by the DD Form 214 would be entered.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the National Defense Service Medal and that his schooling should be added to his DD Form 214.  

2.  As the applicant's DD Form 214 does not show that he served on active duty during a qualifying period of service for award of the National Defense Service Medal, there is no basis for awarding him this medal.

3.  The applicant's contention that he completed several schools, to include that he received his GED was considered.  However, there is no evidence in the available records, and the applicant failed to provide any evidence which conclusively shows that he completed any service schools, military-sponsored courses or that he completed any civilian schools or college courses during the period covered by his DD Form 214.  He also did not provide any evidence which shows he completed any installation training/qualification courses, military correspondence courses, or off-duty courses during the period covered by his DD Form 214.  Regrettably, in view of the foregoing, there is no basis for granting relief to this portion of the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        XXX                ___
                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)                                         AR20080006281



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ABCMR Record of Proceedings (cont)                                         AR20080006281



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