IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110018256
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 correction of his records to add the Army of Occupation Medal, Army Leaders Course, and communication school.
2. The applicant states he was never issued a medal or ribbon and his schools are not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant provides a Certificate of Training/Completion and his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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. The applicant enlisted in Regular Army in Harrisburg, PA on 5 March 1953 and held the military occupational specialty 312.10 (Armor Communication Specialist.
4. He provided a certificate of completion issued by The Leaders Course, 42nd Tank Battalion (Medium), 101st Airborne Infantry Division, Camp Breckenridge, KY. This certificate shows he attended the Army Field Forces Leaders' Course from 3 August 1953 to 25 September 1953.
5. His DD Form 214 shows he was honorably released from active duty on
2 March 1956 after completing 2 years, 11 months, and 28 days of net service, 1 year, 9 months, and 14 days of which was listed as foreign service. It is unclear where he performed his foreign service. This form further shows in:
a. item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he received the National Defense Service Medal and the Army Good Conduct Medal; and
b. item 30 (Service Schools or Colleges, College Training Courses and/or Post-Graduate, Courses Successfully Completed) does not contain any entries.
6. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows the applicant completed the Army Field Forces Leaders' Course. Therefore he is entitled to have it added to his DD Form 214.
2. There is no evidence in the record and he did not provide evidence to show he completed communication school. Therefore, there is insufficient evidence to add this school to his DD Form 214.
3. Unfortunately his records were destroyed in a fire. The Board is unable to determine where the applicant completed his foreign service. Therefore, there is insufficient evidence available to award him the Army of Occupation Medal.
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 to item 30 of his DD Form 214 the Army Field Forces Leaders' Course.
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 the Army of Occupation Medal and communication school.
_______ _ _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) AR20110018256
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110018256
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