BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110003402 


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 to add all awards issued by Headquarters, Department of the Army (HQDA) to his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 November 1952.

2.  He states that he did not know about any fire taking place in the NPRC, St. Louis, MO.  He was contacted and sent two DA Forms 1577 (Authorization for Issuance of Awards) in the years 1968 and 1992, which show HQDA issued him the following awards that are not reflected on his DD Form 214:

* Silver Star (SS)
* Bronze Star Medal (BSM)
* Purple Heart (PH)
* Good Conduct Medal (GDCML)
* Army of Occupation Meal (AOM) with Japan Clasp
* AOM with Germany Clasp
* National Defense Service Medal (NDSM)
* Korean Service Medal (KSM) with three bronze service stars
* Combat Infantryman Badge (CIB)
* United Nations Service Medal (UNSM)

3.  The applicant provides:

* His DD Form 214 for the period ending 12 November 1952
* Two DA Form 1577
* An excerpt from a medical record
* A letter from the National Personnel Records Center (NPRC), dated 31 January 2011

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 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  

3.  His records show he enlisted in the Regular Army on 12 November 1949 for 
3 years.  He was honorably discharged on 12 November 1952.  His DD Form 214 for this period of service shows the following entries:

	a.  Item 22 (Net Service Completed for Pay Purposes) – 3 years and 1 day;

	b.  Item 26 (Foreign and/or Sea Service) – 1 year, 3 months, and 29 days;

	c.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  he was awarded the AOM with Japan Clasp, KSM with three bronze service stars, UNSM, Republic of Korea Presidential Unit Citation, BSM, PH, SS, and CIB; and

	d.  Item 29 (Wounds Received as a result of Action with Enemy Forces (Place and date, if known)):  North Korea approximately 17 October 1950, left hip, disability.

4.  The applicant's records contain a second DD Form 214 for the period ending 3 June 1955.  It appears he enlisted in the National Guard of the United States on an unknown date.  He was called from inactive duty and entered active service on 21 August 1953.  This form shows he received the following decorations:

* NDSM
* AOM with Germany Clasp
* GDCML

5.  He provided an excerpt from his medical records which shows he was reevaluated on 23 January 2004 for wounds he sustained to his left ankle and left hip.  

6.  The applicant also provided a letter from the NPRC, dated 31 January 2011.  This document shows he had requested a copy of a DD Form 215 (Correction to DD Form 214 (Report of Separation from the Armed Forces of the United States) which was not located; however, it was noted that his reconstructed record contained both DD Forms 214 for his periods of service. 

7.  Special Regulation 615-360-1 (Separation of Enlisted Personnel) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the 
DD Form 214.  The regulation in effect at the time of the applicant's discharge specified that item 27 of the DD Form 214 would include all decorations or citations received during the period covered by the DD Form 214, and the authority for each.  Authorities for service medals were not listed.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his separation document by adding all awards he was issued per the DA Form 1577 was carefully considered.

2.  Special Regulation 615-360-1, in effect at the time of his second discharge from the Army stated to list only those awards and decorations received during the period covered by the DD Form 214.  It appears that all awards listed on the DA Form 1577 appear on both of his DD Forms 214.  

3.  There appears to be no error or injustice contained in the applicant's records and as such, he is not entitled to the requested relief.  





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)                                         AR20110003402





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ABCMR Record of Proceedings (cont)                                         AR20110003402



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