RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 January 2005
      DOCKET NUMBER:  AR2004106854


      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. Maria C. Sanchez              |     |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 awards of the Korean
Defense Service Medal and the National Defense Service Medal be added to
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant states, in effect, that the National Defense Service
Medal was authorized during the period 1 January 1961 through 14 August
1974.  He continues that his service obligation overlapped this time frame
and feels that he has earned as well as deserves the National Defense
Service Medal.

3.  The applicant also states, in effect, that while he was assigned to
Company B, 73d Tank Battalion of the 7th Infantry Division, he served in
the military occupational specialty 131.60 (Tank Commander).  He continues
since he served in a Sergeant 5 position, he feels he is entitled to the
rank of Corporal rather than a Specialist Four.

4.  The applicant provides in support of his application an undated two-
page self-authored letter; a copy of his DD Form 214, effective date 3 July
1957; a copy of Special Orders Number 14, dated 4 February 1957; a copy of
his DD Form 215 (Correction to DD Form 214, Certificate of Release or
Discharge from Active Duty), dated 20 October 2003; a copy of the United
States Department of Defense News Release Number 088-04, dated 9 February
2004; four pages of excerpts from "The Story of the Noncommissioned Officer
Corps, The Backbone of the Army"; a copy of his Honorable Discharge
Certificate, dated 30 June 1963; a copy of USARCEN Form 825 (Letter
Orders), dated 30 June 1963; a copy of USARCEN Form 826, dated 30 June
1963; and a copy of DA Form 1270 (Transfer or Release to Reserve Component
of the Army), dated 3 July 1957.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 July 1957, date of his separation from active duty.  The
application submitted in this case is dated 9 February 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 has requested correction of his records to show the
Korean Defense Service Medal.  Human Resources Command message, dated
9 February 2004, provides instructions for award of the Korean Defense
Service Medal.  Soldiers who are discharged or retired must apply to the
National Personnel Records Center for this award.  The applicant has been
notified by separate correspondence of the appropriate application
procedures for this award.  Therefore, award of the Korean Defense Service
Medal will not be discussed further in these Proceedings.

4.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

5.  The applicant's DD Form 214 shows that he was inducted into the Regular
Army on 18 July 1955 and served in the military occupational specialty
131.60 (Armor Crewman) with Company B of the 73d Tank Battalion.  This form
also shows his pay grade as Specialist 3(T) [temporary] at the time he was
transferred to the United States Army Reserve (USAR) on 3 July 1957, with a
terminal date of Reserve obligation of 17 July 1963.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
contain an entry "NA".

7.  The applicant's records do not show he was awarded the National Defense
Service Medal.

8.  73d Tank Battalion Special Orders Number 14, dated 4 February 1957,
show that the applicant's old primary military occupational specialty
131.20 was changed to 131.60 as his new primary military occupational
specialty and also show that his pay grade as specialist 3.

9.  A USARCEN Form 825 (Letter Orders), dated 30 June 1963, shows the
applicant was honorably discharged from the USAR Control Group (Standby) on
30 June 1963, for reason of expiration of term of service.

10.  Item 5 (Original DD Form 214 is corrected as indicated below:) of the
applicant's DD Form 215, dated 20 October 2003, shows that the entry "NA"
was deleted and added the entry "Good Conduct Medal (1st Award)//Republic
of Korea Presidential Unit Citation Badge//Nothing Follows//."

11.  The applicant submitted an excerpt from the book, "The Story of the
Noncommissioned Officer Corps – The Backbone of the Army."  On page 192, it
shows an extract from a Department of the Army message, dated 28 May 1985,
where it states, "The specialist four rank will be retained and decisions
on whether soldiers in grade E4 are specialists or corporals will continue
to be made by commanders in the field based on standards of grade
authorizations in AR 611-201.  Additionally, commanders may laterally
appoint specialists four who are serving in SGT positions to corporal in
accordance with para 2-43, AR 600-200."

12.  Army Regulation 600-8-22 (Military Awards) 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.  However, paragraph 2-
10b(1) of this regulation states that Army National Guard and U.S. Army
Reserve forces personnel on short tours of duty to fulfill training
obligations under an inactive duty training program will not be considered
as performing active service which qualifies for award of the National
Defense Service Medal.

13.  Army Regulation 600-200 (Enlisted Personnel Management System),
effective 1 January 1981, provides the policies and procedures on
classification, evaluation, promotion, utilization, qualitative management,
proficiency pay, enlistment/reenlistment bonuses, and skill qualification
tests and identifies controlled military occupational specialties.
Paragraph 2-43, in pertinent part, states that soldiers in pay grade E-4
and E-5 may be laterally appointed from specialist to corporal and sergeant
even though his PMOS does not allow the noncommissioned officer rank at his
current pay grade.

14.  Army Regulation 611-203 (Personnel Selection and Classification –
Enlisted Personnel) provides the procedures for selection, classification,
assignment and continuous evaluation to insure the most effective
utilization of all enlisted personnel during their military service.
Paragraph 18h, in pertinent part, states that commanders of regiments,
separate battalions, and similar or larger units on the recommendation of
the company or unit commander or appropriate supervisory staff officer for
personnel who, by performance of duty in an assigned status, qualify in an
advanced military occupational specialty through normal job progression.

15.  Paragraph 20a of Army Regulation 611-203, in pertinent part, states
that the classification authority will designate the most significant
awarded military occupational specialty as primary by consideration of the
highest level of skill involved, school training, length of training time,
and recency of training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he earned the award of the National Defense
Service Medal.

2.  The qualifying period for the National Defense Service Medal is 1
January 1961 through 14 August 1974.  Records show that the applicant was
assigned to the USAR Control Group (Standby) from 3 July 1957 through 30
June 1963, which is within the qualifying period.

3.  However, regulation states that service members had to honorably serve
on active duty to qualify for the National Defense Service Medal.  Service
members who were serving in the USAR or in the Army National Guard, not on
active duty, did not qualify for the award of the National Defense Service
Medal.  The applicant at that time was serving in the USAR.  Therefore, the
applicant is not entitled to award of the National Defense Service Medal in
this case.

4.  The applicant contends that his rank should have been corporal rather
than specialist four while serving in the military occupational specialty
131.60 (Tank Commander).

5.  Contrary to the applicant's contentions, records show the applicant was
awarded military occupational specialty 131.60 (Armored Crewman) and was
temporarily promoted to the pay grade E-4/Specialist Three.

6.  The applicant cited Army regulations which were not in effect at the
time of his active military service.  Furthermore, there is no evidence in
the applicant's records that shows he was laterally appointed or promoted
to a noncommissioned officer rank.  The applicant did not provide any
evidence to show that his rank was in error or that he was erroneously not
promoted.  Therefore, in absence of such evidence, there is no basis to
correct his records to show the rank of corporal in this case.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 July 1957; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 July 1960.  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

___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                 |AR2004106854                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/06                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  115                 |107.0069/NDSM                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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