RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 June 2004
      DOCKET NUMBER:   AR2004100005


      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. Beverly A. Young              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. Lawrence Foster               |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show he was assigned
to the 50th Signal Battalion (Airborne Corps) in item 12 (Last Duty
Assignment and Major Command).  He also requests correction of item 26
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) to show the Expert Marksmanship Qualification Badge
with Rifle Bar or other awards to which he is entitled for his service
during 1964 through 1966.

2.  The applicant states, in effect, that his DD Form 214 should show these
corrections.

3.  The applicant provides a copy of his DD Form 214 and three special
orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 January 1966.  The application submitted in this case is
dated 22 October 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 was inducted into the Army on 21 January 1964.  He
completed the required training and was awarded military occupational
specialty (MOS)
72C (Switchboard Operator).

4.  Headquarters, 62nd Signal Battalion, Fort Bragg, North Carolina Special
Orders Number 28 dated 23 February 1965 show the applicant qualified as
Expert with the M-14 Rifle on 15 February 1965 and was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar.  These orders show he was
a member of the 206th Signal Company on the date he was awarded this badge.

5.  The applicant's personnel records contain Headquarters, 5th Logistical
Command, Fort Bragg, North Carolina Letter Orders Number 308 dated 7 June
1965 which assigned him on temporary duty in the Dominican Republic on
31 May 1965 as a member of the 206th Signal Company.

6.  Headquarters, 50th Signal Battalion (Airborne Corps) Fort Bragg, North
Carolina Special Orders Number 185 dated 29 October 1965 authorized the
applicant a 3-day orientation visit to San Juan, Puerto Rico effective
15 November 1965.  These orders show he was a member of the 206th Signal
Company and was attached to the 50th Signal Battalion (Airborne Corps).

7.  Headquarters, XVIII Airborne Corps and Fort Bragg, North Carolina
Special Orders Number 14 dated 17 January 1966 released the applicant from
active duty and reassigned him to the U.S. Army Reserve Control Group
(Annual Training).  On the standard name line of these orders, the
applicant’s last duty assignment and major command is shown as "206th
Signal Company."

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his
last duty assignment as the 206th Signal Company in item 38 (Record of
Assignments).

9.  The applicant was honorably released from active duty on 20 January
1966.  Item 12 on his DD Form 214 shows the entry "206th Sig Co (LB) 3rd US
Army."

10.  His DD Form 214 shows he was awarded the Army Good Conduct Medal and
the Armed Forces Expeditionary Medal.

11.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
version of this regulation, in effect at the time, directed that the last
duty assignment and major command or agency having jurisdiction over the
losing unit of assignment will be entered in item 12 of the DD Form 214.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's last duty assignment as
the 206th Signal Company.

2.  Although the applicant provided special orders which show he was
attached to the 50th Signal Battalion (Airborne Corps) in November 1965,
the governing regulation in effect at the time directs that the last duty
assignment and major command should be entered in item 12 of the DD Form
214.

3.  Orders show the applicant was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar.  Therefore, this badge should be added
to item 26 on his DD Form 214.

4.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.  Therefore, it would be appropriate to add
this award to item 26 on his DD Form 214.

BOARD VOTE:

JS______  JM______  LF______  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by adding the Expert
Marksmanship Qualification Badge with Rifle Bar and the National Defense
Service Medal to item 12 on his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of item 12 on his DD Form 214 to show he was assigned to the
50th Signal Battalion (Airborne Corps).




            John Slone________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100005                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040622                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |