RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050015946


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 his military service records be
corrected to show all decorations, medal, badges, commendations, citations,
and campaign ribbons that he was awarded or authorized and correction of
the length of time shown on his discharge document regarding his foreign
service.

2.  The applicant states, in effect, that he requests this correction of
his records for the honor to which he is due for his military service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
20 February 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 February 1970; the date of his discharge from active duty.
The application submitted in this case is dated 26 October 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 military service records show that he enlisted in the
U.S. Army on 30 December 1960.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 293.1 (Field Radio Relay and Carrier
Operations).  On 12 December 1963, the applicant was honorably released
from active duty based upon the expiration of his term of service.  The
applicant reentered active duty on
11 March 1964, served in MOS 33D (Intercept Equipment Systems Repairman),
attained the grade of rank of staff sergeant/pay grade E-6, and was
honorably discharged on 20 February 1970 after serving on active duty a
total of 8 years, 10 months, and 20 days.  On 19 August 1972, the applicant
enlisted in the U.S. Army Reserve (USAR) Ready Reserve, where he served in
duty MOS 61B (Platoon Sergeant), until he was transferred to the USAR
Individual Ready Reserve on 8 February 1980.
4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41
(Awards and Decorations), shows he was awarded the Good Conduct Medal (2nd
Award) and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.
Item 31 (Foreign Service) of the DA Form 20 shows he served in Japan from
January 1965 through July 1967.  Item 38 (Record of Assignments) of the DA
Form 20, shows, in pertinent part, that on 21 January 1965 he was assigned
to the
11th U.S. Army Security Agency Operations Company (Japan).  This document
also shows he departed Japan on 25 June 1967 en route to the United States.

5.  The applicant's DD Form 214, issued at the time of his discharge on
20 February 1970, shows in Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) that
he was awarded the Good Conduct Medal (2nd Award) and Sharpshooter
Marksmanship Qualification Badge with Carbine Bar.  Item 22 (Statement of
Service), Section c (Foreign and/or Sea Service) shows that he served
overseas in the U.S. Army Pacific (USARPAC) and contains the entry 0 years,
2 months, and 21 days.

6.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

7.  There is no evidence in available records that shows the applicant was
awarded the National Defense Service Medal for his honorable active service
subsequent to 31 December 1960.

8.  The applicant's military service records contain a copy of
Headquarters, Vint Hill Farms Station, Warrenton, Virginia, Special Orders
Number 235, Paragraph 2, dated 5 December 1969, which shows that he was
awarded the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

9.  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.

10.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

11.  As a matter of information, the applicant is advised that in
accordance with section 1084 of the Fiscal Year 1998 National Defense
Authorization Act, the Secretary of Defense approved awarding the Cold War
Recognition Certificate to all members of the armed forces and qualified
federal government civilian personnel who faithfully and honorably served
the United States anytime during the Cold War era, which is defined as
2 September 1945 to 26 December 1991.  The applicant may submit an
application to the Commander, U.S. Army Human Resources Command, Cold War
Recognition, Hoffman II, Attention: AHRC-CWRS, Suite 3N45, 200 Stovall
Street, Alexandria, VA 22332-0473.  Information is available at:
https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.
However, award of the Cold War Recognition Certificate is not governed by
the provisions of Army Regulation 600-8-22 and, as a result, is not shown
on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military service records
should be corrected to show all decorations, medal, badges, commendations,
citations, and campaign ribbons that he was awarded or authorized.  He also
contends that the length of time shown on his discharge document regarding
his foreign service should be corrected.

2.  The evidence of record shows that the applicant is entitled to award of
the National Defense Service Medal for his honorable active service from 1
January 1961 through 12 December 1963.  Therefore, he is entitled to
correction of his records to show this service medal.

3.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

4.  The evidence of records shows that the applicant completed 2 years,
5 months, and 11 days of foreign service at the time of his discharge on
20 February 1970.  Therefore, Item 22, Section c, of his DD Form 214 should
be corrected to show that he completed 2 years, 5 months, and 11 days of
foreign and/or sea service.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
19 February 1973.  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. Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the National Defense Service Medal.

BOARD VOTE:

___KAN_  __CVM__  __YM____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 the following corrections to
the applicant's DD Form 214:

      a.  Item 22c.  Foreign and/or Sea Service
                 Delete:  "0" Years, "2" Months, "21" Days
                 Add:     "02" Years, "05" Months, "11" Days

      b.  Item 24.     Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized
                 Add:  "National Defense Service Medal" and "Expert
                        Marksmanship Qualification Badge with Rifle Bar"




                            ___Kathleen A. Newman____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050015946                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700220                                |
|DISCHARGE AUTHORITY     |AR 635-200, SPN 320                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0069.0000                           |
|2.                      |110.0000.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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