RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060006959


      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. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show the Combat Action Ribbon
and all awards and decorations to which he may be entitled.

2.  The applicant does not provide any explanation.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
5 June 1987.  The application submitted in this case is dated 5 May 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 in the Michigan Army National Guard on 12
September 1986.  He was ordered to active duty on 17 November 1986 for
training and released from active duty on 5 June 1987.  On 11 September
1992, the applicant was honorably discharged from the Michigan Army
National Guard.  He enlisted in the Army National Guard on 20 June 2001 for
a period of 1 year.  He extended his enlistment on 3 May 2003 for a period
of 3 years.  On 26 April 2006, the applicant was honorably discharged from
the Army National Guard.

4.  The applicant’s DD Form 214 for the period ending 5 June 1987 shows the
Army Service Ribbon, the Parachutist Badge, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  Department of Defense Instruction 1348.33 (Military Awards Program)
shows that the Combat Action Ribbon was authorized by the Secretary of the
Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the
U.S. Marine Corps and the U.S. Coast Guard operating under the control of
the U.S. Navy in the grade of 0-6 and below who have actively participated
in ground or surface combat.  Department of Defense Instruction 1348.33
also states that an individual who earned the Combat Infantryman Badge in
the Army may be authorized to wear the Combat Action Ribbon as a member of
the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.

6.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The Combat Action Ribbon is a Department of the Navy award; therefore,
this Board does not have authority to award the Combat Action Ribbon.

2.  The DD Form 214 is a "snapshot in time" and is a reflection of the
applicant's record of active Army service at the time of his separation
from active duty.  Review of the applicant's records and Army Regulation
600-8-22 (Military Awards) does not reveal entitlement to any additional
awards.  Therefore, there is no basis for amending his DD Form 214 to show
any additional awards or decorations.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 5 June 1987; therefore, the time for the
applicant to file a request for correction of any error expired on 4 June
1990.  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

JS_____  __LE____  __MF____  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.




                                  ___John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006959                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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