RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060003215


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Gunlicks                |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Scott Faught                  |     |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 award of all unit citations to which he may be
entitled.

2.  The applicant states, in effect, that his unit of attachment
participated in a border patrol and a German Reforger.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 July 1981.  The application submitted in this case is dated
22 February 2006.

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 enlisted on 2 August 1978 for a period of 3 years.  He
served as a radio teletype operator assigned to Headquarters and
Headquarters Battery, 6th Battalion, 10th Field Artillery in Germany from 2
January 1979 until he was released from active duty on 28 July 1981.

4.  The applicant’s DD Form 214 (Certificate of Release or Discharge from
Active Duty) shows the entry, “NONE” in item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized).

5.  The Military Awards Branch Unit Citations and Campaign Participation
Credit Register (For Units Cited with a “Thru Date” of 30 September 1987
and Earlier) shows the applicant’s unit was not cited for any unit
awards/citations while he was assigned to it.

6.  Army Regulation 670-1 prescribes the authorization for wear of uniforms
and prescribes the awards, insignia and accouterments authorized for wear
on the uniform.  In pertinent part, it states that a Soldier may wear a
unit award permanently if the individual was assigned to and present for
duty with the unit any time during the period cited or who was attached by
competent orders to and present for duty with the unit during the entire
period or for at least 30 consecutive days of the period cited.  A Soldier
may wear the unit award temporarily if the individual was not present with
the unit during the period cited but was subsequently assigned to the unit.


DISCUSSION AND CONCLUSIONS:

1.  The Military Awards Branch Unit Citations and Campaign Participation
Credit Register shows the applicant’s unit was not cited for any unit
awards/citations while he was assigned to it.  Therefore, there is
insufficient evidence on which to base any unit award/citation in this
case.

2.  Records show the applicant should have discovered the alleged errors
now under consideration on 28 July 1981; therefore, the time for the
applicant to file a request for correction of any error expired on 27 July
1984.  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

JG_____  _MF_____  _SF_____  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 Gunlicks____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003215                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]