RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         20 July 2006
      DOCKET NUMBER:  AR20050018198


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla D. Troup                |     |Member               |
|     |Mr. William F. Crain              |     |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 he receive an award for his
service in Germany from January 1969 to January 1972.

2.  The applicant states, in effect, he never received an award or ribbon
for his service in Germany from January 1969 to January 1972.  He states
that the Department of Defense overlooked it, or he was just ignored.  He
claims that he is deserving of an award for serving his country in Germany.


3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 27 November 1974.  The application submitted in this case
is dated 14 December 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 initially enlisted in the Regular
Army and entered active duty on 14 February 1966.  He was trained in,
awarded, and served in military occupational specialty (MOS) 64C (Motor
Transport Operator), and the highest rank he attained while serving on
active duty was specialist five (SP5).  His Personnel Qualification Record
(DA Form 2-1) shows he completed overseas tours in the Republic of Vietnam
(RVN) and in Germany.  He served in the RVN from 3 November 1966 through 13
June 1968, and was assigned to the 169th and 43rd Engineer Companies.  He
served in Germany from 25 January 1969 through 3 January 1972, and was
assigned to the 37th Artillery.  Item 9 (Awards, Decorations & Campaigns)
shows he earned the National Defense Service Medal (NDSM), Vietnam Service
Medal (VSM), RVN Campaign Medal (RVNCM), Meritorious Unit Commendation
(MUC), Army Good Conduct Medal (AGCM) 2nd Award, RVN Gallantry Cross
(RVNGC) with Palm Unit Citation, and Sharpshooter Qualification Badge with
Rifle Bar during his active duty tenure.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders, or other documents that indicate he was recommended for, or awarded
an individual decoration while serving in Germany.

5.  On 27 November 1974, the applicant was honorably separated after
completing a total of 5 years, 11 months, and 29 days of active military
service.  The DD Form 214 he was issued shows that during his active duty
tenure, he earned the following awards:  NDSM; VSM; RVNCM; MUC; AGCM (2);
RVNGC with Palm Unit Citation; and Sharpshooter Qualification Badge with
Rifle Bar.  The applicant authenticated this document with his signature on
the date of his separation.  .

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  It states, in pertinent part, that the objective of the Department
of the Army (DA) military awards program is to provide tangible recognition
for acts of valor, exceptional service or achievement, special skills or
qualifications, and acts of heroism not involving actual combat.  It
further states that recommendations for awards must be entered
administratively into military channels within 2 years of the act,
achievement, or service to be honored.

7.  The awards regulation does not show that there was a service ribbon
authorized solely for service in Germany, with the exception of Berlin,
during the period the applicant served there.  The Overseas Service Ribbon
(OSR) was established by the Secretary of the Army on 10 April 1981, and
was effective 1 August 1981.  It is awarded to members of the Army for
successful completion of overseas tours, which includes Germany.  However,
there were no retroactive provisions that allowed awarding this ribbon to
members who had separated from active duty prior to 1 August 1981.

8.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member was credited with participating in
while serving in the RVN.  Table B-1 contains a list of RVN campaigns and
it shows that during the applicant's tenure of assignment in the RVN,
credit was granted for the Vietnam Counteroffensive Phase II, Vietnam
Counteroffensive Phase III, TET Counteroffensive, and Vietnam
Counteroffensive Phase IV campaigns.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) was published to assist commanders and personnel officers in
determining or establishing the eligibility of individual members for
campaign participation credit, assault landing credit, and unit citation
badges awarded during the Vietnam Conflict, the Grenada Operation, and the
period of service subsequent to the Vietnam Conflict up to September 1987.

10.  The arrangement of register portion of Army Pamphlet 672-3 confirms
the applicant's unit in Germany received no unit awards during the period
of his assignment.  It also shows that in addition to those awards already
listed in his record, his RVN units also received the RVN Civil Actions
Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to an award or ribbon
for his service in Germany was carefully considered.  However, there is
insufficient evidence to support this claim.  The evidence of record shows
that during the period he served in Germany, the applicant was never
recommended for, or awarded an individual decoration by proper authority.
Further, no service ribbon was authorized by the Department of Defense or
Department of the Army solely for service in Germany during the period of
his assignment.  The Overseas Service Ribbon was authorized for completion
of overseas tours, which includes Germany, on 1 August 1981, subsequent to
the applicant's separation.  There were no retroactive provisions that
allowed for award of the Overseas Service Ribbon to members who were not
serving on active duty on 1 August 1981.  As a result, there is an
insufficient evidentiary basis to grant the requested relief in this case.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 November 1974, the date of his
separation from active duty.  Therefore, the time for him to file a request
for correction of any error or injustice expired on 26 November 1977.  He
failed to 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.

3.  The evidence of record also shows that in addition to the awards and
service ribbons already documented in his record and separation document,
based on the applicant's service and campaign participation in the RVN,
he is entitled to the RVN Civil Actions Honor Medal First Class Unit
Citation
and 4 bronze service stars with his VSM.  The omission of these awards is
an administrative matter that does not require Board action.  Therefore,
his records will be corrected by the Case Management Support Division
(CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the

BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  __MNT__  __WFC__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of a
decoration or service ribbon based on Germany service.  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.

3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and 4 bronze service
stars with his Vietnam Service Medal; and by providing him a correction to
his separation document that includes these awards.




                                  _____William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018198                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1974/11/27                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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