MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 August 1999   
	DOCKET NUMBER:   AR1999017138

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Army Good Conduct Medal, the American Defense Service Medal, the National Defense Service Medal, the Korean Service Medal, the Vietnam Service Medal, the Armed Forces Reserve Medal, the Army Service Ribbon, and the French Fourragere. 

He states that the Army Reserve should have requested that he be awarded those medals.  He was eligible by an act of Congress at the end of the Korean War.  His seven year Reserve call up made him eligible for the Vietnam Service Ribbon.  He should have received all the medals he earned when he separated from the Army, and not depend on commanders to make recommendations.  He served with prejudiced career officers.  Other soldiers who served during the same period of time that he did have medals that he never received.  His period of service was from 1953 to 1957 and he never received the Korean Service Medal, Good Conduct Medal, Armed Forces Reserve Medal (Reserve time from 1957 to approximately 1965).  He was a Vietnam veteran (qualified as per congressional service time).  Because of this he should have been qualified as a Captain.  He requests that he be awarded those medals.  It was bad enough that he suffered racial prejudice by his commanding officers.       

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was appointed a Reserve officer in the grade of 2nd lieutenant in the Infantry on 1 June 1953 and entered on active duty on 7 February 1954.  He was assigned to the Infantry school at Fort Benning, Georgia.  He volunteered for and completed the basic airborne course.  His assignments thereafter show duty as a platoon leader with the 505th airborne, as a unit officer at a headquarters detachment, and as a platoon leader, unit training officer, and proc & sep officer with Company A, 325th airborne, all at Fort Bragg, North Carolina.  

He was relieved from his assignment in Company A, 325th airborne at Fort Bragg, and released from active duty on 31 May 1956 in the rank of first lieutenant.  The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal and the Parachute Badge.  He had 2 years, 3 months, and 25 days of service.

Orders published by the Massachusetts Military District on 14 June 1956 show that the applicant was reassigned from the Reserve Control Group (Reinforcement) in Boston to the 1020th Reserve Control Group (Emergency Reinforcement Program) in Boston.  On 20 July 1956 he was assigned to a control group in New York.

On 22 November 1961 the applicant was notified that he had twice been considered for promotion to Captain and had not been selected, mandating his discharge.  He was discharged as a Reserve commissioned officer on 24 November 1961.

Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity
during a qualifying period of active duty enlisted service.

Paragraph 5-16 provides for the award of the American Defense Service Medal for service between 8 September 1939 and 7 December 1941. 

Paragraph 5-8 provides for the award of the Korean Service Medal for service between 27 June 1950 and 27 July 1954 within the territorial limits of Korea or in waters immediately adjacent thereto, or with a unit under the operational control of the Commander in Chief, Far East, directly supporting the military efforts in Korea, or having been furnished an individual certificate testifying to material contribution made in direct support of the military efforts in Korea. 

Paragraph 2-13 provides for award of the Vietnam Service Medal for service in Vietnam and contiguous waters or airspace thereover, after 3 July 1965 through      28 March 1973.
  
Paragraph 5-7 provides for award of the Armed Forces Reserve Medal.  It is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces, for a period of 10 years.  Such years of service must have been performed within a period of    12 consecutive years.  For service after 1 July 1949, a minimum of 50 retirement points must be earned.  Service in a regular component of the Armed Forces is excluded.  

Paragraph 5-5 provides for award of the Army Service Ribbon.  It was established by the Secretary of the Army on 10 April 1981, is awarded to members for successful completion of initial entry training, and may be awarded retroactively to those who completed the required training before 1 August 1981 provided they had an active Army status on or after 1 August 1981.

Section II provides policy for award and acceptance of foreign decorations and foreign unit decorations, to include the French Fourragere.  The 505th airborne, the unit to which the applicant was assigned, was awarded the French Fourragere for action in June 1944.  

Army Regulation 670-1 prescribes the awards, insignia, and accouterments authorized for wear on the uniform, and states in pertinent part that the French Fourragere may be worn when authorized for either permanent or temporary wear.  A soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.  A soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  A soldier may only wear the unit award while assigned to the cited unit. 

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 24 November 1961, the date of his discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 24 November 1964.

The application is dated 26 June 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__rvo___  ___ew___  ___svw__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999017138	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 142.00		
2. 107.00		
3.		
4.		
5.		
6.