RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 April 2004
      DOCKET NUMBER:   AR2003090877


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Gail J. Wire                  |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show
award of the Distinguished Service Cross (DSC), the Good Conduct Medal
(GCMDL), and the Presidential Unit Citation (PUC).

2.  The applicant states that he never received the above awards.

3.  The applicant provides no evidence in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in essence, that the applicant's record be reviewed
and acted upon in accordance with the applicant's request.

2.  Counsel states that the available record does not indicate the
applicant ever served in Vietnam or in an area of conflict during his
active service.  Counsel also states that the applicant's record contains
two nonjudicial punishments (NJP's) and that there is no evidence available
to indicate he was authorized or recommended for award of the GCMDL.

3.  Counsel provides a chronological statement of facts surrounding the
applicant's period of service under review.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice, which
occurred on 19 February 1971.  The application submitted in this case is
dated 29 April 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the
DSC.  There are no orders or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the DSC under the
provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings.

4.  The applicant enlisted in the Regular Army for 3 years on 26 February
1968.  He was trained in military occupational specialty (MOS) 11E, Armor
Crewman and he was assigned to duty in Germany for his entire enlistment.
He served in Germany from 30 July 1968 to 15 February 1971 in a series of
units, including Company C, 3rd Battalion, 70th Armor; Company C, 3rd
Battalion, 63rd Armor; and Company B, 3rd Battalion, 63rd Armor.

5.  The applicant departed Germany on 15 February 1971, returning to Fort
Jackson, South Carolina where he underwent separation processing.  His DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) shows that, on 19 February 1971, he was honorably separated and
awarded the National Defense Service Medal, the Sharpshooter Marksmanship
Qualification Badge (Rifle M-14), and the Sharpshooter Marksmanship
Qualification Badge (Pistol).  His DD Form 214 does not show award of the
GCMDL or the PUC.  It also does not show that he ever served in combat.

6.  The applicant received three NJP’s under the provisions of Article 15,
Uniform Code of Military Justice:

      a.  On 16 May 1969, the applicant received NJP for indulging in
intoxicating liquor and being incapacitated for the proper performance of
his duties.  His punishment included reduction from pay grade E-4 to pay
grade
E-3 (suspended) and 14 days' extra duty and restriction.


      b.  On 23 March 1970, the applicant received NJP for failure to obey
special orders by not walking his post while performing the duties of a
sentinel.  His punishment included reduction to pay grade E-3 (suspended 60
days), 15 days of extra duty, and 30 days of restriction.  On 3 May 1970,
the suspended portion of the applicant's punishment was vacated.

      c.  On 25 June 1970, the applicant received NJP for being absent
without leave from his unit on 20 June 1970.  His punishment included 14
days of extra duty and restriction and forfeiture of $39.00 pay per month
for 1 month.

7.  Army Regulation 600-8-22 provides that the GCMDL is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.  Although there is no automatic
entitlement to the GCMDL, disqualification must be justified.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the PUC
(known as the Distinguished Unit Citation until 3 November 1966) is a unit
award for extraordinary heroism in action.  A unit must display such
gallantry, determination and esprit de corps in accomplishing its mission
as would warrant award of the Distinguished Service Cross to an individual.
 Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) does not indicate that the applicant's unit
was cited for award of the PUC.

DISCUSSION AND CONCLUSIONS:

1.  It is noted the applicant received multiple NJP’s for misconduct.
Although disqualification for award of the GCMDL must be justified, the
Board, based upon the applicant's disciplinary infractions, presumes
regularity in the absence of a GCMDL.  It is presumed the record is correct
in not showing award of the GCMDL.

2.  There is also no evidence the applicant ever served in a hostile
environment, or that he is authorized award of the PUC.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 February 1974.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __gjw___  __wdp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.




2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                 Raymond J. Wagner
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090877                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040408                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0002                                |
|2.                      |107.0031                                |
|3.                      |107.0056                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |