RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 MARCH 2005
      DOCKET NUMBER:  AR20040003684


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jonathon Rost                 |     |Member               |

      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 that his records be corrected to reflect
entitlement to the National Defense Service Medal and “expeditionary”
medals for service in Korea and Beirut, Lebanon.

2.  The applicant states he was not awarded all of the decorations he was
due.

3.  The applicant provides a copy of temporary duty orders and a passport
visa showing service in Lebanon and a copy of his Department of the Army
Form 2-1 (Personnel Qualification Record) showing service in Korea.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 November 1984.  The application submitted in this case
is dated
23 June 2004.

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 limitations 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.  Records available to the Board indicate that the applicant entered
active duty on 10 October 1975 and was discharged for the purpose of
immediate reenlistment on 24 August 1978.  Between February 1980 and
February 1981 he was assigned to a signal unit in Korea.

4.  According to the copy of his temporary duty orders, the applicant was
in Beirut, Lebanon for 15 days in November 1982 for the purpose of a “site
survey and install key telephone system.”  His parent organization at the
time was located in Worms, Germany.

5.  On 13 November 1984 the applicant was honorably discharged.  His
separation documents do not reflect entitlement to the National Defense
Service Medal or any Armed Forces Expeditionary Medals, which the applicant
referred to as the “Korean Expeditionary Medal” and the “Beirut
Expeditionary Medal.”

6.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
National Defense Service Medal for honorable active service for any period
between 27 June 1950 and 27 July 1954, between 1 January 1961 and
14 August 1974, between 2 August 1990 and 30 November 1995 and commencing
again on 11 September 2001.

7.  Army Regulation 600-8-22 also states that the Armed Forces
Expeditionary Medal was established in 1961 and authorized for United
States military operations, operations in direct support of the United
Nations, and operations of assistance for friendly foreign nations.
Eligibility for the Armed Forces Expeditionary Medal requires that the
individual be a bona fide member of a unit and engaged in one of the
designated operations or served for not less than 30 consecutive days in
the area of operations.  The Armed Forces Expeditionary Medal was
authorized for operations in Korea between 1 October 1966 and
30 June 1974 and in Lebanon between 1 July 1958 and 1 November 1958 and
again between 1 June 1983 and 1 December 1987.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant did not have any active duty service
during any of the periods for which the National Defense Service Medal was
authorized for award.

2.  Additionally, the applicant’s service in Lebanon did not occur during
either operation period for which the Armed Forces Expeditionary Medal was
authorized and even if he had been in the area during either period of
operation, he would not have been in the region long enough to meet the
eligibility requirements.

3.  The applicant’s service in Korea was also outside the period for which
the Armed Forces Expeditionary Medal was authorized for operations in
Korea.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 November 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
12 November 1987.  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 timely file in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RW  _  __JM____  ___JR __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 Wagner______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003684                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050315                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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