RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 January 2005
      DOCKET NUMBER:  AR2004106312


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 Reserve Component
Achievement Medal (ARCAM) and Army Service Ribbon (ASR) be added to his
record.

2.  The applicant states, in effect, that he is making a shadow board of
his time in the Army for his children and would like to add the requested
awards.

3.  The applicant provides a copy of his active duty separation document
(DD Form 214) and Army National Guard (ARNG) separation document
(NGB Form 22) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 February 1975.  The application submitted in this case
is dated 26 March 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 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 30 July 1971.  He was trained in, awarded and served
in military occupational specialty (MOS) 72B (Communications Center
Specialist) and the highest rank he attained while serving on active duty
was private first class (PFC).

4.  On 18 February 1972, he was honorably released from active duty
(REFRAD), by reason of hardship discharge and transferred to the United
States Army Reserve (USAR) Control Group to complete his military service
obligation.

5.  The DD Form 214 the applicant was issued upon his REFRAD shows he
completed a total of 1 year and 13 days of military service, of which 9
months and 16 days was served on active duty.  This document also confirms
that during his tenure on active duty, he was awarded the National Defense
Service Medal (NDSM).
6.  On 26 February 1974, the applicant was released from the USAR Control
Group in order to enlist in the Montana ARNG.  On 27 February 1974, he
enlisted in the Montana ARNG for 1 year and was assigned to Company H, 2nd
Battalion, 163rd Armored Cavalry Regiment, Anaconda, Montana.

7.  On 26 February 1975, the applicant was honorably discharged from the
Montana ARNG.  The NGB Form 22 he was issued at the time confirms he
completed 1 year of ARNG service and held the rank of PFC.  This document
also shows that while serving in the ARNG, he earned the Marksman
Qualification Badge with Pistol Bar.

8.  On 27 February 1975, the applicant was honorably discharged from the
USAR.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4, Section III
contains guidance on award of the ARCAM.  It states, in pertinent part,
that the medal was authorized upon completion of four years service during
the period 3 March 1972 through 27 March 1995.  Effective 28 March 1995, it
is authorized for completion of three years of qualifying service.

10.  Paragraph 5-5 of the awards regulation contains guidance on award of
the ASR.  It states, in pertinent part, that it is authorized to be awarded
to members of the Army for successful completion of initial entry training,
effective 1 August 1981.  It further states that the award may be made
retroactively to those personnel who completed the required training before
1 August 1981 provided they were in an Army status on or after 1 August
1981.  There are no provisions of retroactive award to members who
completed their service prior to 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the ARCAM and ASR be added to his record
was carefully considered.  However, by regulation, in order to be
authorized the ARCAM for the period during which the applicant served, a
member must have served in an active Reserve Component status for four
consecutive years.  The evidence of record confirms the applicant served in
an ARNG unit for only 1 year.

2.  By regulation, in order to be eligible to receive the ASR, a member
must have been serving in a qualifying Army status on 1 August 1981.  Given
the applicant was finally discharged from the Army on 27 February 1976, he
also is not eligible for this award.
3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 February 1976.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 26 February 1979.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___YM__  __FE____  __RTD __  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.




            ____Fred Eichorn________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106312                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1976/02/27                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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