IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150001374 


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, correction his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Spirit of America Medal [properly known as the American Spirit Honor Medal] or the appropriate medal in effect at the time in 1952. 

2.  The applicant states he was orally promised on 16 August 1952 by his superior officers an American Spirit Honor Medal for being the "outstanding trainee" of his unit, Company L, 502nd Airborne Infantry Regiment (AIR).  The medal was not awarded as promised on graduation day and even after leading the march in view of his entire battalion.  He currently voluntarily serves newly deceased veterans as a rifleman on the Veterans of Foreign Wars (VFW) "Honors Burial Squad" for his 239th burial event.  He is closely viewed by hundreds of U.S. citizens at veterans' funerals.  He needs this service to be recognized.  

3.  The applicant provides copies of the following:

* Outstanding Trainee certificate
* two letters to his parents
* Certificate of Merit
* DD Form 214
* letter to a Member of Congress (MC)
* letter from the National Personnel Records Center (NPRC)
* The Korean War Veterans Association November/December 1998 publication, The Graybeards (front page)

* Korean War Veterans membership card
* Certificate of Service card
* American Legion membership card
* VFW membership card
* MC's senior constituent advocate card

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers requests and statements to the applicant and provides no additional evidence.

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 the cases 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.

2.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation contained in a reconstructed record and provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military records show he was inducted into the Army of the United States, Infantry Branch, on 22 May 1952.

4.  He provided copies of the following:

   a.  An Outstanding Trainee certificate issued for his selection as the "outstanding trainee" of Company L, 502nd AIR, because of his devotion to duty, appearance, personal behavior, and adaptability to military life.  He was the Platoon Guide throughout his training and through this won the admiration of his officers and cadre of his company.
   b.  A letter, dated 12 August 1952, wherein the Commanding General (CG), Headquarters, 101st Airborne Division and Camp Breckinridge, KY, advised the applicant's parents that the applicant had been selected as an "outstanding trainee" in the command.  The CG stated the applicant was selected because of his leadership, ability, and enthusiasm and he had been designated as his "Enlisted Aide-de-Camp" for 24 hours and had been granted a 48-hour weekend pass.  He was enclosing a photograph of the ceremony in which the applicant received his congratulations on behalf of the entire 101st Airborne Division.

   c.  A letter, dated 16 August 1952, wherein the applicant advised his parents of his selection as the "outstanding trainee" and that he would be receiving general orders.  Also, he would have his picture taken with the general with the general presenting him the American Spirit Honor Medal.

   d.  A Certificate of Merit, dated 26 September 1952, issued for his selection by his officers and fellow Soldiers as the "outstanding trainee" of his company for 16 weeks.

5.  He was honorably released from active duty on 6 May 1954 and was transferred to the U.S. Army Reserve.  He was credited with completing 1 year, 11 months, and 15 days of active service and 1 year and 1 months of foreign service.  His DD Form 214 lists the:

* Korean Service Medal with one bronze service star
* Combat Infantryman Badge
* United Nations Service Medal
* National Defense Service Medal

6.  He also provided copies of the following:

   a.  A letter, dated 14 November 2014, wherein a MC requested through the NPRC a review of the applicant's record to determine his eligibility for the Army Achievement Medal.

   b.  A letter, dated 18 November 2014, wherein the NPRC advised an MC that the records needed to answer that inquiry was not in their files.  If the record was there on 12 July 1973 it would have been in the area that suffered the most damage in the fire on that date and could have been destroyed.  The attached description of the Army Achievement Medal clearly stated the medal pertained to military service after 1 August 1981.

   c.  The Korean War Veterans Association November/December 1998 publication, The Graybeards (front page) and his Korean War Veterans membership card, Certificate of Service card, American Legion membership card, VFW membership card, and an MC's senior constituent advocate card.

7.  Army Regulation 672-210 (Decorations and Awards), dated 19 June 1962, stated the American Spirit Honor Medal had been accepted to use in basic training at training divisions and centers within the continental U.S. as an award for the display of outstanding qualities of leadership, initiative, loyalty, and high example to comrades in arms.  It was awarded to trainees upon completion of basic training to not more than 1 trainee out of the graduation group at each training center or unit.  Presentation was made by the commanding general of the installation or his designee.  The award would not be worn on the uniform.  There were no provisions for issuing the medal by general orders.

8.  Army Regulation 600-8-22 (Military Awards) shows:

   a.  It does not state any provisions for listing the American Spirit Honor Medal on the DD Form 214.

   b.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

With regard to correction of the applicant's DD Form 214 to show the American Spirit Honor Medal:

   a.  The available evidence confirms he was selected as the "outstanding trainee" of his class in 1952.  At the time, he was presented a Certificate of Merit for this honor, was designated as the commanding general's "Enlisted Aide-de-Camp" for 24 hours, granted a 48-hour weekend pass, and had his photograph taken with the commanding general.  

   b.  By regulation, dated 19 June 1962, the American Spirit Honor Medal was awarded to 1 trainee out of the graduation group upon completion of basic training for the display of outstanding qualities of leadership, initiative, loyalty, and high example to comrades in arms.  The award would not be worn on the uniform.
   
   c.  It appears at the time of his selection a Certificate of Merit was issued in recognition of the honor.  In accordance with the governing regulations subsequent to the applicant's selection as the "outstanding trainee" and the current regulation there is no provision for listing the American Spirit of Honor Medal on the DD Form 214.  
   
   d.  From an equity standpoint, there is no harm to the Army or Soldier if his Certificate of Merit is listed on his DD Form 214 in recognition of him being the "outstanding trainee" of his graduation class in 1952.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Certificate of Merit.




      __________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)                                         AR20150001374





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ABCMR Record of Proceedings (cont)                                         AR20150001374



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