RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 28 FEBRUARY 2006
      DOCKET NUMBER:         AR20050004751


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Herbert Fry                   |     |Chairperson          |
|     |Ms. Carol Kornhoff                |     |Member               |
|     |Mr. John Mueller                  |     |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 his report of separation (DD Form 214) be
corrected to reflect his Guatemala Meritorious Service Award, his
Noncommissioned Officer Professional Development (NCOPD) Ribbon, the
National Defense Service Medal (NDSM), and the Army Service Ribbon (ASR).

2.  The applicant states that the documents supporting those awards are
contained in his service records but they are not listed on his DD Form
214.

3.  The applicant provides a copy of his Certificate of Achievement as a
member of Task Force PRO-VIDA in Guatemala during the period of 24 February
to 4 May 1976, while assigned to Company C, 548th Engineer Battalion
(Construction); a Certificate of Training for attending a 1-week Driver
Training Course in 1975; a Certificate of Training for the Light Vehicle
Driver Course (64C20), which is already annotated on his DD Form 214; a
Letter of Appreciation from The President of Guatemala; a letter from the
National Personnel Records Center informing him of his entitlement to the
NDSM; the NCOPD Ribbon; and the ASR.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 7 October 1977.  The application submitted in this case was received on
1 April 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.  He enlisted in the Regular Army in Louisville, Kentucky, on 7 October
1974 for a period of 3 years, training as a motor transport operator, and
assignment to the 20th Engineer Brigade at Fort Bragg, North Carolina.  He
successfully completed his training at Fort Leonard Wood, Missouri and was
transferred to Fort Bragg.  He was assigned to Company C, 548th Engineer
Battalion (Construction) for duty as a heavy vehicle driver.

4.  In February 1976, the applicant deployed with his unit to Guatemala as
part of the humanitarian efforts (Task Force PRO-VIDA) performed in the
earthquake devastated country.  He remained in Guatemala with his unit
until 5 May 1976 when he returned back to Fort Bragg.

5.  On 7 October 1977, he was honorably released from active duty (REFRAD)
on the expiration of his term of service.  He had served 2 years, 11
months, and 27 days of total active service and had 4 days of lost time due
to being absent without leave (AWOL).  He was transferred to the United
States Army Reserve (USAR) Control Group (Reinforcement) and his DD Form
214 issued at the time of his REFRAD shows that he was awarded the Marksman
Marksmanship Badge with M-16 bar and that he attended the Motor Transport
Operators Course.

6.  The applicant subsequently joined a USAR Troop Program Unit and
completed the Basic Noncommissioned Officer Course (BNCOC) in 1983.  He was
promoted to the pay grade of E-5 and served until he was discharged from
the USAR in the pay grade of E-4 on 4 February 1997.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Humanitarian Service Medal (HSM) is awarded to members who
distinguished themselves by meritorious direct participation in a
Department of Defense approved significant military act or operation of a
humanitarian nature.  A service member must be on active duty at the time
of direct participation, must have directly participated in the
humanitarian act or operation within the designated geographical area of
operation and within specified time limits, and must provide evidence that
substantiates direct participation.  Table C-1 of that regulation shows
that the Guatemala Earthquake Disaster Relief Operation        (4 February
through 30 June 1976) was approved by the Department of Defense as
qualifying for award of the Humanitarian Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service
Ribbon was established by the Secretary of the Army on 10 April 1981.  This
regulation states, in pertinent part, that effective 1 August 1981, all
members of the Active Army, Army National Guard, and Army Reserve in an
active Reserve status are eligible for the award upon successful completion
of initial entry training.  The award may be awarded retroactively to those
personnel who completed the required training before 1 August 1981 provided
they had an Active Army status on or after 1 August 1981.

10.  Army Regulation 600-8-22 (Military Awards) shows that the
Noncommissioned Officer Professional Development Ribbon was established by
the Secretary of the Army on 10 April 1981.  It is awarded to members of
Active Army, Army National Guard, and US Army Reserve Soldiers for
successful completion of designated NCO professional development courses.

11.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect information that is in effect at the time of
separation and is supported by documents contained in the official records
of the individual concerned.  Certificates and letters of
appreciation/achievement will not be entered on the DD Form 214.  Military
courses that are at least 1 week/40 hours may be entered on the DD Form
214.  Events that occur after the effective date of the DD Form 214 are not
authorized to be entered on the DD Form 214 after the fact unless it was an
event that occurred during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit was awarded the HSM for its efforts during the
Guatemala Earthquake Relief Operation.  Accordingly, he is entitled to be
awarded that medal and to have it added to his records.

2.  The applicant also attended a 1-week Driver Training Course in 1975 and
he is entitled to have that course entered in the remarks section of his DD
Form 214.

3.  There is no evidence in the available records to show that the
applicant qualified for award of the NDSM, ASR and NCOPD Ribbon during the
period covered by the DD Form 214.  Accordingly, there is no basis to add
those awards or his certificates to the DD Form 214 in question.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___HF __  ___CK __  ___JM __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding him the HSM
and adding his completion of the Driver Training Course for 1 week in 1975.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding the awards of the NDSM, the ASR, the NCOPD Ribbon and certificates
of achievement and appreciation to his DD Form 214.




                            ______Hubert Fry________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004751                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060228                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.107.0075              |121/HSM                                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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