IN THE CASE OF:	  

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120022290 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the medals and decorations he is entitled to receive.

2.  The applicant states he needs a complete record to get full benefits.

3.  The applicant provides his DD Form 214, a certificate, three letters, and a National Personnel Records Center report, dated 8 November 2012.

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 his records were lost or destroyed in that fire.  However, his reconstructed record contains his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 15 November 1954 and he held military occupational specialty 121.10 (Combat Engineer) at the time of his release from active duty.  His last duty assignment is shown as Company B, 317th Engineer Battalion, Germany.  

4.  On 13 November 1957, he was honorably released from active duty in the rank/grade of specialist three (SP3)/E-4 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 11 days of net active service with 18 days of lost time.  One year, 3 months, and 26 days was foreign service.  

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry "None."

6.  His reconstructed record does not contain any orders showing he was awarded any awards or medals.

DISCUSSION AND CONCLUSIONS:

The applicant's reconstructed record does not contain any orders showing he was awarded any decorations or awards.  As he served during the Cold War Era, there were no campaigns that his unit would have participated in; therefore, there were no campaign medals he completed qualifying service for.  It appears item 26 of his DD Form 214 correctly reflects his decorations and awards as "none."  There is nothing to correct. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20120022290



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ABCMR Record of Proceedings (cont)                                         AR20120022290



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