MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 June 1999      
	DOCKET NUMBER:   AR1999017731

	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	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		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:  In effect, award of a fourth Air Medal.  He states that he completed sufficient missions to be awarded a fourth Air Medal but was “sent home before the papers were cut….”  In support of his request he submits a self-authored statement.  In his self-authored statement he notes he flew 30 combat missions.  He states he was awarded his first Air Medal for his sixth mission, a second Air Medal for his twelfth mission and a Distinguished Flying Cross for his eighteenth mission.  A third Air Medal was awarded for his twenty fourth mission and he states he should have been awarded a fourth Air Medal “on the completion of [his] thirtieth mission.

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 were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources.

He was inducted on 7 November 1942 and entered active duty on 21 November. He served overseas between December 1944 and September 1945.

The applicant was released from active duty on 21 October 1943 as a result of demobilization.  His WD AGO Form 53-55, which he authenticated with his signature and thumb print, confirms award of the three Air Medals and Distinguished Flying Cross.  His final separation payment voucher contains the note “due EM DFC [Distinguished Flying Cross] fr[om] 5 Jun 45 to 31 August 45.” According to his separation document, the applicant departed overseas enroute to the United States on 4 September 1945.

Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  There is no evidence, and the applicant has not provided any, which confirms he was ever recommended for, or awarded a fourth Air Medal.

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 21 October 1945, the date he was discharged from active duty and signed his report of separation.  However, in view of the fact that the board was not established until 2 January 1947 the applicant’s 3-year period in which to file an application for correction of military records expired on 
2 January 1950, 3 years from the date the Board was established.

The application is dated 13 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

__gdp___  __aao___  ___jpi__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999017731	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990630	
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.