IN THE CASE OF:	

	BOARD DATE:      	  

	DOCKET NUMBER:  AR20080007332 


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, award of the Army Commendation Medal.
 
2.  The applicant states, in effect, he believes the fire at the National Personnel Records Center in July 1973 may have burned the recommendation and orders pertaining to his award of the Army Commendation Medal and, as a result, he is suffering an injustice.  He also points out that Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) originally contained the entry “NA.”  However, correction of his records after his separation from the Army resulted in the Good Conduct Medal, Korea Defense Service Medal, Republic of Korea Presidential Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar being added to Item 26 of his DD Form 214.

3.  The applicant provides copies of his DD Form 214, with an effective date of
3 July 1957; 2 DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 29 March 2006 and 12 May 2006;
DD Form 256A (Honorable Discharge Certificate), dated 30 June 1963; and National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 24 March 2008.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center 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.

3.  Incorporated herein by reference are military records which were summarized in previous considerations of the applicant's requests for awards by the ABCMR in Docket Numbers AR2002083160 on 24 June 2003, AR2004106854 on
6 January 2005, and AR20050003861 on 6 December 2006.

4.  The applicant's available service records contain his DD Form 214, with an effective date of 3 July 1957, that shows he was inducted into the Army of the United States on 18 July 1955 and awarded military occupational specialty (MOS) 131.60 (Armor Crewman).  This document also shows that the applicant was honorably released from active duty (REFRAD) on 3 July 1957 and credited with completing 1 year, 4 months, and 2 days foreign service and 1 year, 11 months, and 16 days net active service this period.  At the time of his separation, Item 26 of the DD Form 214 contained the entry “NA.”  This document also shows that the applicant was transferred to the U.S. Army Reserve (USAR) with a terminal date of Reserve obligation of 17 July 1963.

5.  The applicant’s military service records contain a copy of ABCMR Docket Number AR2002083160, dated 24 June 2003.  This documentation shows that the applicant requested correction of his records to show award of the Good Conduct Medal, Korea Defense Service Medal, and the Republic of Korea Presidential Unit Citation.  In support of his request the applicant provided, in pertinent part, a copy of Headquarters, U.S. Army Transfer Station, Fort Sheridan, Illinois, Special Orders Number 134, dated 2 July 1957, which awarded him the Good Conduct Medal for the period 18 July 1955 to 3 July 1957.  This documentation also shows that the Republic of Korea Presidential Unit Citation was awarded to the applicant’s unit by Headquarters, Department of the Army, General Orders Number 50 (1971).  This documentation further shows that the applicant’s request for award of the Korea Defense Service Medal was addressed by separate correspondence.  As a result, the ABCMR directed correction of the applicant’s records to show award of the Good Conduct Medal and the Republic of Korea Presidential Unit Citation.

6.  The applicant's military service records contain a DD Form 215, dated
20 October 2003, that shows the Good Conduct Medal and the Republic of Korea Presidential Unit Citation were added to Item 26 of his DD Form 214, with an effective date of 3 July 1957.

7.  The applicant’s military service records contain a copy of ABCMR Docket Number AR2004106854, dated 6 January 2005.  This documentation shows the applicant requested correction of his records to show award of the National Defense Service Medal and the Korea Defense Service Medal.  This documentation also shows the applicant was notified by separate correspondence of the appropriate application procedures for the Korea Defense Service Medal.  This documentation further shows the ABCMR determined the applicant’s service did not qualify for award of the National Defense Service Medal.  As a result, the ABCMR determined there was insufficient evidence for correction of his records.

8.  The applicant's military service records contain a DD Form 215, dated
29 March 2006, that shows the Korea Defense Service Medal was added to Item 26 of the applicant’s DD Form 214, with an effective date of 3 July 1957.

9.  The applicant’s military service records contain a copy of ABCMR Docket Number AR20050003861, dated 6 December 2006.  This documentation shows the applicant requested, in pertinent part, correction of his records to show award of the National Defense Service Medal, Armed Forces Expeditionary Medal, Korea Defense Service Medal, a second award of the Republic of Korea Presidential Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar.   In support of his request the applicant provided, in pertinent part, a copy of Headquarters, 506th Airborne Infantry, Special Orders Number 197, dated 2 September 1955, which awarded him the Expert Marksmanship Qualification Badge with Carbine Bar.  This documentation shows the ABCMR determined the applicant’s request for award of the National Defense Service Medal and the Korea Defense Service Medal were previously addressed; his records were previously corrected to show award of the Republic of Korea Presidential Unit Citation; a second award of the Republic of Korea Presidential Unit Citation was not authorized; and the applicant’s service did not qualify for award of the Armed Forces Expeditionary Medal.  As a result, the ABCMR 
determined there was sufficient evidence for partial relief and directed correction of the applicant’s records to show award of the Expert Marksmanship Qualification Badge with Carbine Bar.

10.  The applicant's military service records contain a DD Form 215, dated
12 May 2006, that shows the Good Conduct Medal, Republic of Korea Presidential Unit Citation, and the Expert Marksmanship Qualification Badge with Carbine Bar were added to Item 26 of his DD Form 214, with an effective date of 3 July 1957.

11.  There is no evidence in the applicant’s available service records that shows he was recommended for award of the Army Commendation Medal.

12.  There are no orders or other evidence in the applicant’s available service records that shows he was awarded the Army Commendation Medal.  

13.  In support of his application, the applicant provides the following documents.

     a.  DD Form 214, with an effective date 3 July 1957, and 2 DD Forms 215, dated 29 March 2006 and 12 May 2006.  These documents were previously introduced and considered in this Record of Proceedings.

     b.  DD Form 256A, dated 30 June 1963, that shows the applicant was honorably discharged from the Army of the United States and Armed Forces of the United States of America on 30 June 1963.

     c.  National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 24 March 2008, that shows, in pertinent part, the applicant requested award of the Army Commendation Medal; however, no record was found authorizing the Army Commendation Medal.

14.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  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.  The 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.

16.  Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Army Commendation Medal because the fire at the National Personnel Records Center in 1973 may have burned the recommendation and orders pertaining to his award of the Army Commendation Medal.  He also contends, in effect, that Item 26 of his DD Form 214 did not show any of his authorized awards at the time of his separation, but was later corrected to show award of the Good Conduct Medal, Republic of Korea Presidential Unit Citation, Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Carbine Bar, which lends support to his claim that he was awarded the Army Commendation Medal and his records require additional corrective action.

 2.  With respect to the applicant’s awards and decorations, the evidence of record shows the following.

     a.  Headquarters, 506th Airborne Infantry, Special Orders Number 197, dated 2 September 1955, awarded the applicant the Expert Marksmanship Qualification Badge with Carbine Bar.  The evidence of record also shows that the applicant was REFRAD on 3 July 1957 and this badge was not recorded on his DD Form 214.  The evidence of record further shows that the applicant provided a copy of Special Orders Number 197 to the ABCMR in his request for correction of his military records, dated 28 February 2005.  Thus, it is reasonable to conclude the orders were not readily available to the applicant or Army officials at the U.S. Army Transfer Station, at that time, which resulted in the badge not being recorded on the applicant’s DD Form 214, with an effective date of 3 July 1957.

     b.  Headquarters, U.S. Army Transfer Station, Fort Sheridan, Illinois, Special Orders Number 134, dated 2 July 1957, awarded the applicant the Good Conduct Medal for the period 18 July 1955 to 3 July 1957.  The evidence of record also shows that the applicant was REFRAD on 3 July 1957.  The evidence of record further shows that the applicant provided a copy of Special Orders Number 197 to the ABCMR in his request for correction of his military records, dated 24 June 2003.  Thus, it is reasonable to conclude that the orders awarding the applicant the Good Conduct Medal were not readily available to the applicant or Army officials at the U.S. Army Transfer Station, at that time, which resulted in the award not being recorded on the applicant’s DD Form 214 that was issued on 3 July 1957.

     c.  Headquarters, Department of the Army, General Orders Number 50, issued in 1971, awarded the applicant’s unit the Republic of Korea Presidential Unit Citation.  The evidence of record also shows this unit award was approved subsequent to the date the applicant was REFRAD on 3 July 1957.  Thus, the evidence of record clearly explains why the Republic of Korea Presidential Unit Citation was not recorded on the applicant’s DD Form 214 at the time of his separation on 3 July 1957.

     d.  The evidence of record shows that Headquarters, U. S. Army Human Resources Command, Alexandria, Virginia, message, dated 9 February 2004, published implementing instructions for award of the Korea Defense Service Medal.  The evidence of record also shows this service medal was approved subsequent to the date the applicant was REFRAD on 3 July 1957.  Thus, the evidence of record clearly explains why the Korea Defense Service Medal was not recorded on the applicant’s DD Form 214 at the time of his separation on
3 July 1957.

3.  It is noted that in previous requests for correction of his military service records, the applicant provided a copy of Headquarters, 506th Airborne Infantry, Special Orders Number 197, dated 2 September 1955, that awarded him the Expert Marksmanship Qualification Badge with Carbine Bar and Headquarters, U.S. Army Transfer Station, Fort Sheridan, Illinois, Special Orders Number 134, dated 2 July 1957, that awarded him the Good Conduct Medal.  It is also noted that in his three previous requests to the ABCMR pertaining to awards and decorations, the applicant made no mention of his records failing to show award of the Army Commendation Medal.

4.  The applicant provides no documentary evidence in support of his claim that he was recommended for the Army Commendation Medal or that he was awarded the Army Commendation Medal.  In addition, there is no evidence of record that shows the applicant was recommended for the Army Commendation Medal or that he was awarded the Army Commendation Medal.  Therefore, in the absence of evidence to the contrary, there is insufficient evidence to support the applicant’s claim to the Army Commendation Medal.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, in view of all of the foregoing, there is no basis for granting the applicant's request.

6.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



	________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)                                         AR20080007332



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ABCMR Record of Proceedings (cont)                                         AR20080007332



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