BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016553 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016553 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016553 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards and decorations to which he is entitled. 2. The applicant states his DD Form 214 only shows the Army Good Conduct Medal and is missing all of the other awards from his record. 3. The applicant provides a copy of his DD Form 214 for the period ending 24 February 1959. 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 to the Board 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. The only record available to this Board is the applicant's DD Form 214. 3. The applicant enlisted in the U.S. Army Reserve (USAR) and entered active duty on 25 February 1957. He held military occupational specialty 130.10 (Armor Basic Crewmember) and attained the rank/grade of specialist four (SP4)/E-4 (Temporary). 4. His DD Form 214 shows he was honorably released from active duty by reason of expiration of term of service and transferred to the USAR Control Group (Annual Training) on 24 February 1959. His DD Form 214 shows in: a. Item 12 (Last Duty Assignment and Major Command), his last assignment was Troop C, 2nd Reconnaissance Squadron, 8th Cavalry Regiment, Fort Lewis, WA. b. Item 24b (Total Active Service), he completed 2 years of total service. c. Item 24c (Foreign and/or Sea Service), he completed 1 years, 2 months, and 25 days of foreign service in an unidentified theater of operations. d. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the Army Good Conduct Medal. 5. The governing Army regulations authorize awards or decorations for foreign service; however, based on the fact that the applicant's military record is not available, the details of his foreign service (i.e., periods served and locations) cannot be verified. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. DISCUSSION: 1. The applicant's contention that his DD Form 214 should be corrected to show all the awards and decorations to which he is entitled was carefully considered. 2. The applicant does not submit any evidence of the type of awards or decorations he may have been issued or received. Governing Army regulations authorize service awards and decorations based on the completion of foreign service. However, the applicant's record is not available and the location and timeframe of his foreign service is unknown; therefore, his entitlement to additional awards cannot be determined at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016553 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016553 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2