RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2005
      DOCKET NUMBER:  AR20040010997


      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             |
|     |Mr. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 award of the Armed Forces Service Medal (AFSM),
Army Service Medal, correctly known as the Army Service Ribbon (ASR), Army
Overseas Service Ribbon (OSR) and Noncommissioned Officer Professional
Development Ribbon (NPDR).

2.  The applicant states that since he is retired he may be entitled to the
medals.

3.  The applicant provides five DD Forms 214 (Report of Separation from
Active Duty), with separation dates of 30 June 1978, 11 January 1973, 9
April 1970, 9 April 1964 and 7 August 1959; and a DD Form 215 (Correction
to DD Form 214), dated 5 November 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1978.  The application submitted in this case is dated
2 December 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.  The applicant entered active duty on 16 October 1956 and through a
series of reenlistments retired with over 20 years of service on 30 June
1978.

4.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the Armed Forces Service Medal
may be awarded to members of the Armed Forces of the United States who,
after 1 June 1992, participate, or have participated, as members of United
States military units, in a United States military operation that is deemed
to be a significant activity; and encounter no foreign armed opposition or
imminent threat of hostile actions.  Service members must be members of a
unit participating for 1 or more days in the operation within the
designated area of eligibility, or meet one or more of the following
criteria:  (1) be engaged in direct support for 30 consecutive days in the
area of eligibility (or for the full period when an operation is of less
than 30 days duration) or for 60 nonconsecutive days provided this support
involves entering the area of eligibility; or participate as a regularly
assigned crew member of an aircraft flying into, out of, within, or over
the area of eligibility in support of the operation.

5.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Service Ribbon (ASR) was established by the Secretary of the Army on 10
April 1981. It is awarded to members of the U.S. Army for successful
completion of initial entry training. Effective 1 August 1981, all members
of the Active Army, Army National Guard, and U.S. Army Reserve in an active
Reserve status are eligible for this award. The ribbon may be awarded
retroactively to those personnel who completed the required training before
1 August 1981 provided they had an Active Army status as defined above on
or after 1 August 1981.

6.  AR 600-8022 also provides that the Overseas Service Ribbon (OSR) was
established by the Secretary of the Army on 10 April 1981. It is awarded to
members of the U.S. Army for successful completion of overseas tours.
Effective 1 August 1981, all members of the Active Army, Army National
Guard and Army Reserve in an active Reserve status are eligible for this
award. The ribbon may be awarded retroactively to those personnel who were
credited with a normal overseas tour completion before 1 August 1981
provided they had an Active Army status as defined above on or after 1
August 1981.

7.  AR 600-8-22 Also provides that the NCO Professional Development Ribbon
(NPDR) was established by the Secretary of the Army on 10 April 1981. It is
awarded to members of Active Army, ARNG, and USAR Soldiers for successful
completion of designated NCO professional development courses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military career concluded on 30 June 1978.

2.  The AFRM was awarded to members of the Armed Forces of the United
States who served after 1 June 1992.  Therefore, he is not eligible for
this award.

3.  The ASR was established on 10 April 1981 and is awarded to members of
the U.S. Army for successful completion of initial entry training.  Since
the applicant did not have an Active Army status on or after 1 August 1981
he is not authorized to receive this award retroactively.  Therefore, he is
not eligible for this award.

4.  The OSR was established on 10 April 1981 and is awarded to members of
the U.S. Army for successful completion of overseas tours.  Since the
applicant did not have an Active Army status on or after 1 August 1981 he
is not authorized to receive this award retroactively.  Therefore, the he
is not eligible for this award.

5.  The NPDR was established on 10 April 1981. It is awarded to Soldiers
for successful completion of designated NCO professional development
courses.  Since the applicant was retired and did not complete any NCO
professional development courses after 10 April 1981 he is not eligible for
this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1978; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 June 1981.  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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__pms___  __ym____  __lgh___  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.



                                        Paul M. Smith
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010997                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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