RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 NOVEMBER 2006
      DOCKET NUMBER:  AR20060003383


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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 a separation document be issued
to show the awards he earned during his service in the United States Army
Reserve (USAR).

2.  The applicant states that his DA Form 2-1 (Personnel Qualification
Record), item 9, shows the awards and medals he earned during the period
1950 to 1989.

3.  The applicant provides his DA Form 2-1, Enlisted Record Brief, orders,
     DD Form 214 (Report of Separation from the Armed Forces of the United
States), and a Letter of Appreciation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 December 1989.  The application submitted in this case
is dated 26 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’s record shows he enlisted in the USAR on 25 September
1950. The applicant served 1 year and 9 months in the Regular Army and
through a series of enlistments/reenlistments in the Reserve completed more
than
32 years of military service and achieved the rank of Command Sergeant
Major, pay grade E-9.  He attained age 60 on 15 December 1989 and his
mandatory date for removal from the Active Reserve was 31 December 1989.

4.  The applicant’s DA Form 2-1, item 9 "Awards, Decorations and Campaigns"
shows the following entries:  Good Conduct Medal (530806); Korean Service
Medal with/2 Bronze Service Stars; United Nations Service Medal; National
Defense Service Medal; Armed Forces Reserve Medal (640611); Overseas Bars
(4); Army Reserve Component Achievement Medal (1st Oak Leaf Cluster)
(760303); Armed Forces Reserve Medal (with/HrGl Device) (740611); Army
Reserve Component Achievement Medal (2nd Oak Leaf Cluster) (800303); Rifle
M-1 (MM Qualification Badge) (650926); Rifle M-14 (Expert Qualification
Badge) (710418); Rifle M-16 (840411); Army Commendation Medal; Army Service
Ribbon; Noncommissioned Officer Development Professional Ribbon (4); Army
Commendation Medal (2); Overseas Service Ribbon (2); Army Achievement Medal
(1); Meritorious Service Medal (1); Korean Presidential Citation; Army
Commendation Medal; Army Achievement Medal (1st Oak Leaf Cluster).

5.  The applicant’s Enlisted Record Brief shows the same awards that are
listed on his DA Form 2-1.  Additionally, he provided orders that verify he
was awarded three awards of the Army Achievement Medal, the Army
Commendation Medal, and the Meritorious Service Medal.  He also provided a
copy of a letter of appreciation that recognized his duty performance
during Combined Joint Exercise Shadow Hawk 1985.

6.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, that a DD Form 214
will be prepared for members of the Active Army, Army National Guard, US
Army Reserve on active duty, active duty for training, or members of the
Army National Guard on full-time training duty.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record verifies that the applicant was awarded the awards
listed on his DA Form 2-1.  However, he was not on active duty prior to
retiring from the Reserve and therefore; he is not entitled to the issuance
of a DD Form 214 and there is no other separation document that would show
his "earned" awards.  As a result, there is no error or injustice and the
applicant’s records are correct as constituted.

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

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 1989; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    30 December 1992.  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

___CG __  __TR ___  ___PT  __  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.




                                  _____Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003383                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|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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