RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 JANUARY 2006
      DOCKET NUMBER:  AR20050004798


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Randolph Fleming              |     |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 November 1971 separation document be
corrected to reflect entitlement to an Army Commendation Medal, an Army
Good Conduct Medal, the National Defense Service Medal, an Overseas Service
Ribbon, which he refers to as an "Army Overseas," a Driver and Mechanic's
Badge, which he refers to as a "Driver's T," and a "Unit Present Citation."
 He also asks that his separation document be corrected to show that he
qualified as an expert with the M-14 rifle, the M-16 automatic rifle, and
the M-60 machine gun.  He requests his grade at separation be changed from
pay grade E-4 to E-6 and that the location of his permanent address after
separation be corrected from Little Rock, Arkansas to Winnsboro, Louisiana.

2.  The applicant states he was separated with temporary records and wants
the information corrected before something happens to him.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 November 1971.  The application submitted in this case
is dated
24 January 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 requested correction of his records to show award of the
Army Commendation Medal.  There are no orders or other evidence authorizing
award of this decoration.  In the absence of a proper award authority for
this decoration, the applicant may request award of the Army Commendation
Medal 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 the Record of Proceedings.

4.  Records available to the Board indicate the applicant enlisted and
entered active duty for a period of 2 years on 7 November 1969.  His
enlistment contract indicates he entered active duty in Little Rock,
Arkansas and his home of record at the time of his enlistment was Crossett,
Arkansas.

5.  A records of emergency data, completed shortly after his entry on
active duty shows his spouse was residing at the Roland Street address in
Winnsboro, Louisiana.  Several other documents in the applicant's file
shows the Roland Street address was located in Winnsboro, Louisiana and not
Little Rock, Arkansas as noted on his 1971 separation document.

6.  On 17 December 1969, while undergoing basic combat training, the
applicant qualified as an expert with the M-16 automatic rifle and was
awarded the associated badge and component bar.  Orders issued at Fort
Polk, Louisiana confirm the award.  There was no other indication the
applicant qualified on any other weapon systems.

7.  In February 1970, while still undergoing training, the applicant was
convicted by a special court-martial of being AWOL (absent without leave)
between 18 and 24 January 1970.

8.  The applicant ultimately completed training as a light vehicle driver
and in June 1970 was reassigned to the 51st Transportation Company in
Germany.  On 2 April 1971 the applicant was promoted to pay grade E-4.
Orders issued by V Corps in Germany confirmed the promotion.  There is no
indication he was promoted beyond that grade prior to this separation from
active duty in November 1971.

9.  On 16 August 1971 the applicant commenced a period of authorized leave
in the United States.  Installation clearance documents from his unit in
Germany indicate that while his conduct was excellent, his efficiency was
considered fair.

10.  According to a statement authenticated by the applicant, he reported
to Fort Polk, Louisiana on or about 21 September 1971 and apparently
applied for a compassionate reassignment.  A Department of the Army message
notes his request for a compassionate reassignment was denied but because
of his upcoming scheduled separation date he was permitted to remain at
Fort Polk until his separation.  There is no indication the applicant
completed 5/6 of a normal overseas tour and as such was not credited with
an overseas tour completion.

11.  On 12 November 1971 the applicant was released from active duty.  His
separation document was prepared on temporary records because his original
file had not arrived from Germany.  Item 24 (decorations) on the form
contains the entry "UNK" (unknown) and item 31 shows the location of the
Roland Street address as "Little Rock, ARK 72203."

12.  His separation document also indicates he had another period of AWOL,
between 12 October 1971 and 25 October 1971.  There is no indication he was
ever disciplined for that period of AWOL.  His service, however, was
characterized as honorable.

13.  Subsequent to the applicant's separation from active duty in 1971 he
served several other periods of military service in various Reserve
components.  His only other period of active duty appears to have been
between February 1974 and March 1975 when he was discharged under honorable
conditions from the United States Navy.

14.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.

15.  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 1 January 1961 through 14 August 1974.

16.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas
Service Ribbon was established by the Secretary of the Army on 10 April
1981.  The 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 for successful
completion of overseas tours.  The award may be awarded retroactively to
those personnel who were credited with a normal overseas tour completion
before 1 August 1981 provided they had an Active Army status on or after 1
August 1981 and the overseas service is not recognized with another U.S.
service medal.





17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part
for award of the Driver and Mechanic Badge.  To receive award, the
individual must qualify for and possess a U.S. Government Motor Vehicles
Operator’s Identification Card, occupy a duty position with the title of
driver or assistant driver for a minimum of 12 consecutive months or during
8000 miles have no Army motor vehicle accident or traffic violation
recorded on the Equipment Operator’s Qualification Record, and must perform
satisfactorily for a minimum of one year as an active qualified driver
instructor or motor vehicle driver examiner.

18.  None of the units the applicant was assigned to while on active duty
between November 1969 and November 1971 were awarded any unit decorations
while he was a member of the organization.  Army Regulations require that
to be permanently entitled to a unit decoration the individual must have
been assigned to the organization at the time the unit decoration was
awarded.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to conclude that the applicant's permanent
address after separation was on Roland Street in Winnsboro, Louisiana and
not Little Rock, Arkansas.  It is possible the error stemmed from the lack
of official records and someone inadvertently entered Little Rock,
Arkansas, where the applicant entered military service, rather than the
correct address location of Winnsboro, Louisiana.  In the interest of
justice and equity it would be appropriate to correct item 31 to show the
location of the Roland Street address was in Winnsboro, Louisiana vice
Little Rock, Arkansas.

2.  The evidence confirms the applicant did qualify as an expert with the M-
16 automatic rifle and was awarded the associated badge and component bar.
His records should be corrected accordingly.  There is no evidence he
qualified on any other weapon systems during his initial period of military
service.

3.  While the applicant may have been convicted by a special court-martial
and had two periods of AWOL, he was released from active duty in 1971 with
an honorable characterization of service.  As such he met the basic
qualification for award of the National Defense Service Medal and in the
interest of equity should be entitled to that decoration and his records
corrected accordingly.

4.  Even if the applicant would have had an active status after 1 August
1981 he was not credited with completion of a normal overseas tour during
his period of active duty between 1969 and 1971 and as such would not be
entitled to an award of the Overseas Service Ribbon.

5.  Although it is not clear what the applicant is referring to when he
notes his records should be corrected to reflect award of a "Unit Present
Citation" he is likely referring to some sort of unit decoration.  The
evidence available to the Board, however, indicates none of the units the
applicant was assigned to between November 1969 and November 1971 were
awarded any unit decorations during that period.  As such, the applicant is
not entitled to any unit decorations.

6.  The evidence shows the applicant was promoted to pay grade E-4 in April
1971.  There is no evidence, and the applicant has not provided any which
confirms he was promoted to pay grade E-6.  In the absence of such evidence
there is not basis to correct his records to show separation in that grade.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WP___  __TR ___  __RF  ___  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:

      a.  by showing in item 31 on his 1971 separation document that his
address after separation was located in Winnsboro, Louisiana vice Little
Rock, Arkansas;


      b.  by showing that he qualified as an expert with the M-16 automatic
rifle and was awarded the associated badge and component bar; and


      c.   by showing he is entitled to the National Defense Service Medal.




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
award of the Army Good Conduct Medal, an Overseas Service Ribbon, a Driver
and Mechanic's Badge, qualification as an expert with the M-14 rifle and
the M-60 machine gun, and that he was serving in pay grade E-6 at the time
of his 1971 separation from active duty.



                            _____ William Powers_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004798                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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