RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:            08 August 2006
      DOCKET NUMBER:   AR20060001297


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Dale BeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 report of separation (DD Form 214) be
corrected to reflect the award of the Army Service Ribbon.

2.  The applicant states that the Army Service Ribbon is missing from his
DD Form 214.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 September 1982.  The application submitted in this case was
received on 7 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 was born on 18 March 1957.  He enlisted in the Marine
Corps and entered active duty on 27 May 1975.  He was transferred to Parris
Island, South Carolina to undergo his recruit training.  He remained at
Parris Island until he was honorably discharged on 25 August 1975 due to a
character and behavior disorder.  He was issued a Reenlistment (RE) Code of
“4” and he had not completed his recruit training.

4.  On 24 May 1982, he enlisted in the United States Army Reserve (USAR)
for a period of 6 years.  At the time he completed his application for
enlistment he indicated that he had never been in any branch of service of
the Armed Forces, either Regular of Reserve.  He was transferred to Fort
Jackson, South Carolina on 26 May 1982 to undergo his basic combat training
(BCT).

5.  On 5 August 1982, while still in BCT, the applicant made a sworn
statement in which he admitted that he had denied having any prior service
to both his recruiter and personnel at the Armed Forces Entrance Examining
Station.  He further stated that he finally admitted to prior service at
the reception station.

6.  On 23 August 1982, his commander notified him that he was initiating
action to separate him from the service under the provisions of Army
Regulation      635-200, chapter 14, for Misconduct – Fraudulent Entry.

7.  After consulting with counsel, the applicant elected to submit a
statement in his own behalf whereas he asserted that he had been done an
injustice by the Marine Corps when he was given a RE Code of 4 and that he
did not reveal it because he did not wish to be prevented from attaining
one of his goals.  He went on to state that he was a good Soldier that had
proven that he could perform in an exceptional manner.

8.  The appropriate authority (a major general) approved the recommendation
for discharge on 16 September 1982 and directed that he be furnished an
Honorable Discharge Certificate.

9.  Accordingly, he was honorably discharged on 23 September 1982, under
the provisions of Army Regulation 635-200, chapter 14, for misconduct –
fraudulent entry (concealment of prior service).  He had served 3 months
and 28 days of active service during his enlistment and he had not
completed his advanced individual training (AIT) and had not been awarded a
military occupational specialty (MOS).

10.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service
Ribbon (ASR) was established by the Secretary of the Army on 10 April 1981.
 This 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 upon successful completion
of initial entry training (IET), which consist of BCT and AIT.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  In order to be awarded the ASR, individuals must complete their AIT and
be awarded a military occupational specialty.  The evidence of record shows
that the applicant was discharged from his BCT unit and never completed his
IET.

3.  Therefore, lacking evidence to show otherwise, there appears to be no
basis to award him the ASR at this time.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 September 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 September 1985.  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

___JA  __  ___DD __  ___JH___  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.




                                  ____James Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001297                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19820923                                |
|DISCHARGE AUTHORITY     |AR 635-200. CH 14, SEC II               |
|DISCHARGE REASON        |MISCONDUCT-FRAUDULENT ENTRY             |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |124/asr                                 |
|1.107.0078              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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