RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060006075


      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. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 the records of her deceased
spouse, a former service member (FSM), be corrected to show he received an
award for valor while serving in the Republic of Vietnam.

2.  The applicant states, in effect, that she is trying to obtain proof
that the FSM was authorized an award for valor while serving in the
Republic of Vietnam.

3.  The applicant provides a self-authored letter, dated 28 December 2005;
letter from Ms. J____ A_______, a friend of the FSM, dated 11 October 2005;
copies of 2 DD Forms 214 (Armed Forces of the United States Report of
Transfer or Discharge), with effective dates of 29 June 1965 and 28 June
1968; pages 2 and 3 of the FSM's DA Form 20 (Enlisted Qualification
Record); a Review Decedent Information document, dated 1 November 2000; and
County of Merced, Health Department, Merced, California, Certificate of
Death, issued 10 April 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 June 1968, the date of the FSM's separation from active
duty.  The application submitted in this case is dated 18 April 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 FSM's military service records show that he enlisted in the U.S.
Army on 28 September 1962.  Upon completion of basic combat training (BCT)
and advanced individual training (AIT), the FSM was awarded military
occupational specialty (MOS) Code 293.60 (Radio Relay and Carrier
Operator).  The FSM's MOS Code was subsequently redesignated MOS Code 31M.
The FSM's military service records also show that he attained the grade of
sergeant/pay grade E-5.

4.  The FSM's military records contain a DA Form 20.  Item 31 (Foreign
Service) of the DA Form 20 shows that he served 60 months in U.S. Army
Europe (Italy) from 20 April 1963 through 31 March 1968.  Item 35 (Record
of Assignments) of this document shows, in pertinent part, that the FSM
completed BCT at Fort Ord, California on 30 November 1962 and completed AIT
at Fort Gordon, Georgia on 12 April 1963.  This item also shows that on 22
April 1963 the FSM was assigned to the 560th Signal Battalion, U.S. Army
Europe (Italy), where he served until being reassigned to the continental
United States on 4 April 1968.  On 10 May 1968, the FSM was assigned to the
57th Signal Battalion, Fort Hood, Texas, where he served until his release
from active duty on 28 June 1968.

5.  The FSM's DD Form 214, issued at the time of his separation from active
duty, shows the FSM was honorably separated from active duty on 28 June
1968 after completing a total of 5 years, 9 months, and 1 day of total
active service.  This document also shows the FSM was transferred to the
U.S. Army Reserve (USAR), Control Group (Reinforcement), St. Louis,
Missouri, for completion of his reserve military service obligation.  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the DD Form 214 shows the FSM was awarded
the Good Conduct Medal, National Defense Service Medal, and Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.

6.  Item 24 (Statement of Service), Block c (Foreign and/or Sea Service) of
the FSM's DD Form 214, with an effective date of 29 June 1965, shows he
served overseas in the U.S. Army Europe for 2 years, 2 months, and 10 days
during the period of service covered by the DD Form 214.  Item 11b (Station
or Installation at Which Effected) of this DD Form 214 shows the FSM was
discharged at Caserma Carlo Ederle, Vicenza, Italy on 29 June 1965.

7.  Item 20 (Place of Entry into Current Active Service) of the FSM's DD
Form 214, with an effective date of 28 June 1968, shows he entered the
period of service covered by the DD Form 214 at Vicenza, Italy on 30 June
1965.
Item 24 (Statement of Service), Block 22c (Foreign and/or Sea Service) of
this
DD Form 214 shows he served overseas in the U.S. Army Europe for 2 years,
9 months, and 1 day during this period of service.

8.  There are no orders or other evidence in the FSM's military service
records to show that he served overseas in the Republic of Vietnam, or in
any designated combat zone, during the period the FSM served in the U.S.
Army.

9.  There are no orders or other evidence in the FSM’s military service
records that show he was authorized an award or decoration for valor.
10.  In support of her application, the applicant provides a copy of the
FSM's Certificate of Death and Review Decedent Information document.  These
documents, in pertinent part, provide evidence of the FSM's military
service dates (i.e., from 28 September 1962 to 28 June 1968) and that the
applicant was married to the FSM at the time of his death.  However, they
provide no evidence that the FSM received an award for valor or any dates
for service in Vietnam.  The letter Ms. J____ A_______ provides indicates
the FSM told her about war stories from when he was in Vietnam, but offers
no additional documentary evidence.  The FSM's DD Forms 214 and pages 2 and
3 of the DA Form 20 offer no evidence that the FSM served in the Republic
of Vietnam or that he received an award for valor.

11.  Army Regulation 600-8-22 (Military Awards) describes valor as heroism
performed under combat conditions.  The military awards regulation also
states that the "V" device (for valor) is worn on the designated suspension
and service ribbons to denote participation in acts of heroism involving
conflict with an armed enemy.

DISCUSSION AND CONCLUSIONSL:

1.  The applicant contends, in effect, that the records of the FSM should
be corrected to show he received an award for valor while serving in the
Republic of Vietnam.  However, the applicant provides insufficient
documentary evidence in support of her claim.

2.  There is no evidence of record that shows the FSM served in the
Republic of Vietnam.  Therefore, the applicant is not entitled to
correction of the FSM's records to show that he served overseas in the
Republic of Vietnam.

3.  There is no evidence of record that shows the FSM was awarded, or
received, an award or decoration for valor during his service in the U.S.
Army.  Therefore, the applicant is not entitled to correction of the FSM's
records to show an award for valor.

4.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 28 June 1968; therefore, the time for
the FSM to file a request for correction of any error or injustice expired
on 27 June 1971.  The FSM did not file within the 3-year statute of
limitations and the applicant 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

__LDS___  __PHM__  ___DWS   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.




                                  ____Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006075                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680628                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 2, Section VI       |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |110.0400.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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