RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JANUARY 2006
      DOCKET NUMBER:  AR20050005643


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 records be corrected to show
entitlement to the National Defense Service Medal and qualification as a
sharpshooter with the rifle.

2.  The applicant states his entitlement to those two decorations was
verified by the National Personnel Records Center but they have never been
added to his separation document.  He notes that he did receive a
correction to his separation document showing addition of the Army Good
Conduct Medal.

3.  The applicant provides a copy of his 1959 separation document and a
copy of the letter from the National Personnel Records Center verifying his
entitlement to the National Defense Service Medal and the Sharpshooter
Badge with Rifle Bar.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 March 1960.  The application submitted in this case is
dated
4 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.  Records available to the Board indicate the applicant initially entered
active duty on 6 March 1957 and was discharged for the purpose of immediate
reenlistment on 5 March 1959.  The separation document issued on 5 March
1959 confirms the applicant's qualification as a sharpshooter with the
rifle and his award of the associated badge.

4.  The applicant reenlisted on 6 March 1959 and served until he was
released from active duty on 5 March 1960.  At the time of his release from
active duty on 5 March 1960 the applicant had served for 3 consecutive
years on active duty.


5.  In December 2004 officials at the Army Review Boards Agency in St.
Louis issued a Department of Defense Form 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active duty) correcting the
applicant's 1960 separation document to reflect award of the Army Good
Conduct Medal.

6.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records already reflect his qualification as a
sharpshooter with the rifle.  That information was recorded on his 1959
separation document.  No additional correction is necessary.

2.  While the National Personnel Records Center did inform the applicant
that he was entitled to the National Defense Service Medal, unfortunately
their information was incorrect.  The applicant served on active duty
between 1957 and 1960, during which time the National Defense Service Medal
was not being issued.  In view of the fact that the applicant did not meet
the eligibility requirement for award of the National Defense Service
Medal, there is no basis to correct his separation document to reflect
entitlement to that decoration.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 March 1960; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
4 March 1963.  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

__LS____  __RB ___  __RN___  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.




                                  _____ Linda Simmons ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005643                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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