RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 March 2005
      DOCKET NUMBER:  AR2004106338


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 the Army Commendation Medal (ARCOM) and the
Expert Marksmanship Badge with Rifle Bar (M-16) be added to his DD Form 214
(Certificate of Release or Discharge From Active Duty).

2.  The applicant states the ARCOM was not listed on his DD Form 214.  The
Sharpshooter Badge was incorrectly submitted by his unit; it should have
been an Expert Badge.  He goes on to state the ARCOM error occurred during
the 1981-1982 time frame when he was assigned to Schofield Barracks,
Hawaii.  The ARCOM was awarded for action in Team Spirit in Korea.  It was
signed by a Lieutenant John H____, a West Point officer.  He does not know
the name of the Commanding Officer (CO).

3.  The applicant states he discovered the error in 2003 when he was
hospitalized with a terminal illness.  Upon going over his records, he
realized the oversights.  He just wants his DD Form 214 to reflect his
service to his country.  He was proud to serve.  Additionally, he lost all
his records in a fire in 1997.

4.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 January 1986.  The application submitted in this case
is dated 27 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 Military Personnel Records Jacket (MPRJ) was obtained
from the National Archives and Records Administration.  His Official
Military Personnel File (OMPF) is missing.  This case is being processed on
the available records.

4.  The applicant requested correction of his records to show award of the
ARCOM.  There are no orders or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper authority for this
decoration, the applicant may request award of the ARCOM under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, it will not be
discussed further in this Record of Proceedings.

5.  On 8 July 1980, the applicant enlisted in the Regular Army for a period
of 4 years.  He completed all required training and was awarded military
occupational specialty (MOS) 19D20, Cavalry Scout.  He served in Hawaii
from 28 October 1980 through 25 October 1983.

6.  On 15 May 1984, he reenlisted for an unknown period of years.
Available documents indicate the period of enlistment may have been 6
years.

7.  The applicant's available records do not contain any evidence to show
he was awarded the Expert Marksmanship Badge with Rifle Bar (M-16).  An
entry on his DA Form 2-1 (Personnel Qualification Record) reflects "Rifle M-
16 SS Qual Bad[ge] 80-08-08."  This means that on 8 August 1980, he
qualified as a Sharpshooter with the M-16 Rifle.

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of basic marksmanship qualification badge.
The qualification badge is awarded to indicate the degree in which an
individual has qualified in a prescribed record course, and an appropriate
bar is furnished to denote each weapon with which the individual has
qualified.  The qualification badges are in three classes:  Expert,
Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant records do not contain orders or other evidence to show
he qualified for award of the Expert Marksmanship Badge with Rifle Bar (M-
16).  Additionally, the applicant has not provided evidence to support his
claim.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 January 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 January 1989.  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

__wtm___  __rld___  __au____  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.



                                        Walter T. Morrison
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106338                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050301                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0108                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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