RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050003094


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Howard D. Thomas              |     |Chairperson          |
|     |Mr. John P. Infante               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 four awards of the Army Commendation Medal
(ARCOM) and the Noncommissioned Officer Professional Development Ribbon
(NPDR) be added to his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

2.  The applicant makes no additional statement.

3.  The applicant provides four ARCOM award certificates and a DA Form 1059
(Service School Academic Evaluation Report).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 December 1996, the date he was awarded the ARCOM for the
last time.  The application submitted in this case is dated 16 February
2005.

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 limitations 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 7 October 1969.  He was
awarded the ARCOM (first award) on Headquarters, U. S. Army Vietnam General
Orders Number 175 dated 25 January 1971.  He was released from active duty
on 13 May 1971 and transferred to the U. S. Army Reserve.

4.  The applicant's DD Form 214 did not show the ARCOM; however, his DD
Form 214 was amended on 4 January 2005 to add the ARCOM along with several
other medals.

5.  The applicant remained with the U. S. Army Reserve until he was
transferred to the Retired Reserve on 26 September 1996.

6.  The applicant provided a DA Form 1059 that showed he completed the
nonresident Advanced Noncommissioned Officer Course on 12 June 1983.

7.  The applicant provided four ARCOM award certificates showing he was
awarded an ARCOM on 14 October 1989, on 24 April 1991 (for service for the
period 10 October 1990 to 10 February 1991), on 15 December 1991 (for
service for the period 19 June 1990 to 26 May 1991), and on 30 December
1996.

8.  Army Regulation 600-8-22 (Military Awards) states the NPDR was
established by the Secretary of the Army on 10 April 1981.  It is awarded
to members of Active Army, Army National Guard, and U. S, Army Reserve
Soldiers for successful completion of designated Noncommissioned Officer
professional development courses.

9.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  In pertinent part, it states the DD Form
214 is a synopsis of the Soldier’s most recent period of continuous active
duty.  It provides a brief, clear-cut record of active Army service at the
time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant qualified for award of the NPDR
and was awarded four additional awards of the ARCOM subsequent to his
release from active duty on 13 May 1971.

2.  However, his DD Form 214 was meant to be a snapshot in time to provide
a brief, clear-cut record of his active Army service at the time of his
release from active duty.  It is not meant to be revised each time an award
is earned subsequent to separation from active duty and it would not be
equitable to grant the relief requested.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 December 1996; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    29 December 1999.  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

__hdt___  __jpi___  __cd____  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.




                                  __Howard D. Thomas____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003094                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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