RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         29 November 2005
      DOCKET NUMBER:  AR20050005344


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. LaVerne M. Douglas            |     |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 all medals and citations to
which he is entitled be added to his separation document (DD Form 214).

2.  The applicant states, in effect, that on 28 March 1962 he left active
duty after being held on active duty for 2 months and 5 days beyond his
normal expiration of term of service (ETS).  He states that during his 3
plus years on active duty, he was transferred many times on very short
notice.  As a result, when he received his DD Form 214, it showed that he
had only earned the Army Good Conduct Medal (AGCM).

3.  The applicant also claims he returned the DD 214 to have it corrected
and after the corrections were made, the form was mailed back to him and
recorded at the Court House were he lived.  He further states that there
are items still missing on the DD Form 214, such as the Expert
Qualification Badge with Rifle and Carbine Bars, Sharpshooter Qualification
Badge with Pistol and Missile Bars, and Driver Badge with “W” (Wheel
Vehicle) Bar.  He further states that received the Army Commendation Medal
(ARCOM) at Fort Benning, Georgia.

4.  The applicant provides the following documents in support of his
application:  2 Self-Authored Letters; Congressional Inquiry Response
Letter; Headquarters, X United States Army Corps Special Orders Number 254,
dated 31 December 1963; Certificate of Achievement; Letter of Appreciation;
Letter of Recommendation; Specialist Four Promotion Orders; Driver Badge
with “W” Bar Orders; AGCM Orders; Acceptance of Nomination for the United
States Military Academy (AGPZ Form 4); Headquarters 15th Artillery Group
Special Orders Number 171, dated 25 August 1960; United States Military
Academy (USMA) Preparatory School Appointment; Carbine Qualification
Orders; Certificate of Proficiency; Cover Page of Look Magazine; Life
Magazine Cover; Newspaper Clippings; and Photos.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 27 March 1962.  The application submitted in this case is
dated
28 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’s record shows that he enlisted in the Regular Army and
entered active duty on 23 January 1959.  He was trained in, was awarded,
and served in military occupational specialty (MOS) 351.10 (Power Generator
Specialist).

4.  The applicant’s Service Record (DA Form 24) shows he attained the rank
of specialist five (SP5)/E-5 on 1 March 1962, and that this is the highest
rank he held while serving on active duty.

5.  Section 9 (Medals, Decorations, and Citations) of the applicant’s DA
Form 24 shows that during his active duty tenure, he earned the AGCM,
Expert Qualification Badge with Carbine Bar, Marksman Qualification Badge
with Rifle Bar, and Driver's Badge with “W” Bar.

6.  The applicant's Military Personnel Record Jacket (MPRJ) contains no
orders or other documents that indicate he was ever recommended for or
received award of the ARCOM.

7.  On 27 March 1962, the applicant was honorably separated, by reason of
expiration of term of service, after completing a total of 3 years, 2
months, and
5 days of active military service.  The DD Form 214 issued to him at the
time shows he earned the AGCM.

8.  A DA Form 1577 (Authorization for Issuance of Awards) dated
16 November 1984, on file confirms the responsible Department of the Army
(DA) agency authorized the issue of the following awards to the applicant
based on a review of his record:  National Defense Service Medal (NDSM) and
AGCM.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  In order to receive any individual award, the individual must be
recommended for the award on DA Form 638 (Recommendation for Award), and
the award must be approved by the proper authority.

10.  Paragraph 2-10 of the awards regulation contains guidance on award of
the NDSM.  It states, in pertinent part, that it is authorized for any
period of active duty service performed between 1 January 1961 and 14
August 1974.

11.  Paragraph 10-15 of the awards regulation contains guidance on letters
of commendation and appreciation.  It states in pertinent part, that acts
or services which do not meet the criteria for decorations or the various
authorized certificates may be recognized by written or oral expressions of
commendation or appreciation.  A written expression of commendation and
appreciation will be typed on letterhead stationary and will not contain
formalized printing, seals, or other distinguishing features which depart
from normal letter form.  Such letters may be issued to military personnel.
 Copies of each letter of commendation or appreciation will be distributed
to the individual's Military Personnel Records Jacket and Official Military
Personnel File in accordance with the governing regulation.  There are no
regulatory provisions for adding certificates of achievement or letters of
appreciation to the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant earned the Driver Badge
with “W” Bar, Expert Qualification Badge with Carbine Bar, and the Marksman
Qualification Badge with Rifle Bar while he was serving on active duty.
Thus, it would be appropriate to add these awards to his separation
document at this time.

2.  By regulation, the NDSM is authorized for active duty service performed
between 1 January 1961 and 14 August 1974.  Thus, it would be appropriate
to add this award to the applicant’s record based on his qualifying
honorable active duty service during this period.

3.  The evidence of record and the independent evidence submitted by the
applicant does not show he earned any additional awards or decorations not
already listed on his separation document, or that are listed in the
preceding paragraphs.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SK  __  ___MHM   __LMD__  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 showing he is entitled
to the following awards:  National Defense Medal; Drivers Badge with “W”
Bar; Expert Qualification Badge with Carbine Bar; and Marksman
Qualification Badge with Rifle Bar; and by providing him a correction to
his separation document that includes these awards.

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 any additional awards not already listed in paragraph 1 above to his
record and separation document.




                                  _____Stanley Kelley__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005344                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1962/03/27                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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