RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            7 October 2004
      DOCKET NUMBER:   AR2004101982


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Patrick H. McGann Jr.         |     |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, in effect, that the Army Good Conduct Medal
(AGCM), Heavy Weapons Infantry Badge, and Berlin Crisis award be added to
his record.

2.  The applicant states, in effect, that he received an early separation
and that a Berlin Crisis award should have been given to all who served in
Germany.  He further states that he was fully qualified for reenlistment
and that he qualified expert firing mortars and tanks.

3.  The applicant provides no documentary evidence in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred during his active duty service, which ended on 7 December
1964.  The application submitted in this case is dated 16 December 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’s record shows he enlisted in the Regular Army and
entered active duty on 14 February 1962.  He was trained in, awarded and
served in military occupational specialty (MOS) 112.30 (Heavy Weapons
Infantryman).

4.  The applicant’s Service Record (DA Form 24) shows, in Section I
(Appointments, Promotions, or Reductions), that he was promoted to
specialist four (SP4) on 24 October 1963 and that this is the highest rank
he held while serving on active duty.  Section I also shows that he was
reduced to private first class (PFC) on 1 June 1964 and private two (PV2)
on 17 June 1964, for cause.  Section II (Chronological Record of Military
Service) shows that while assigned to the 11th Calvary Regiment in Germany,
between 8 May and 5 July 1963, he received less than excellent (“Good”)
conduct and efficiency ratings.

5.  Section 5 (Service Outside the Continental United States) of the
applicant’s DA Form 24 shows he served in Germany from 29 April 1963
through 27 July 1964.  Section 9 (Medals, Decorations, and Citations) shows
he was awarded the Sharpshooter Qualification Badge with Rifle Bar (M-1 and
M-14), Expert Qualification Badge with Pistol Bar and Gunner First Class
Badge with Machinegun Bar (M-60).  No other awards or decorations are
listed in this section.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains three

DA Forms 2627 (Records of Proceedings Under article 15, UCMJ) that confirm
the applicant accepted nonjudicial punishment (NJP) on three separate
occasions.

7.  On 13 April 1964, the applicant accepted NJP for being absent from his
unit without proper authority.  His punishment for this offense included a
suspended reduction to PFC, which was vacated for cause on 1 June 1964.  On
4 June 1964, he accepted NJP for absenting himself from his unit without
proper authority.  His punishment for this offense included a suspended
reduction to PV2, which was vacated for cause on 17 June 1964.  Finally, on
2 July 1964, he again accepted NJP for absenting himself from his unit
without authority.

8.  On 7 December 1964, the applicant was honorably separated early in
order
to attend school.  At the time of his separation, the applicant had
completed
2 years, 9 months and 24 days of creditable active military service and had
accrued 2 days of time lost due to being absent without leave (AWOL).

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the
applicant upon his separation contains the entry “None”.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  This regulation does not
include a Heavy Infantry Weapons Badge or a Berlin Crisis decoration in its
list of authorized Army awards.

11.  Chapter 4 of the awards regulation contains guidance on award of the
AGCM.  It states it 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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to receive a Heavy
Weapons Infantry Badge and Berlin Crisis award was carefully considered.
However, these two decorations are not included in the list of authorized
Army awards contained in the governing regulation and there is no
indication that they were ever a part of the Army awards inventory.

2.  The applicant’s claim of entitlement to the AGCM was also carefully
considered.  However, although he completed a qualifying period to be
eligible for the first award of the AGCM, his record confirms he received
less than excellent conduct and efficiency ratings while serving in Germany
and that he accepted NJP on three separate occasions.  As a result, there
is sufficient derogatory information on file to presume his unit commander
did not recommend he receive the award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 December 1964.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 6 December 1967.  However, he 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.

4.  The evidence of record does show the applicant earned the Expert
Qualification Badge with Pistol Bar, Sharpshooter Qualification Badge with
Rifle Bar (M-1 and M-14) and First Class Gunner Badge with Machinegun Bar
(M-60). The omission of these badges from his separation document is an
administrative error that does not require Board action.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_WTM___  _PMS___  _PHM___  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by adding the Expert Qualification Badge with Pistol Bar,
Sharpshooter Qualification Badge with Rifle Bar (M-1 and M-14) and First
Class Gunner Badge with Machinegun Bar (M-60) to Item 26 of his 7 December
1964 DD Form 214; and by providing him a corrected separation document that
includes these badges.




            _WALTER T. MORRISON_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101982                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1964/12/07                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |Early Out School                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]