RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060006978


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Gunlicks                |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Edward Montgomery             |     |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 correction his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show “overseas combat bars”
(correctly known as Overseas Service Bars).

2.  The applicant states he received hostile fire pay while serving on the
demilitarized zone (DMZ) in Korea.  He was stationed at Camp Wagnall, north
of the Imjin River, for 15 months from July 1969 through September 1970
during the low intensity conflict period from April 1968 through September
1973.

3.  The applicant provides his DD Form 214, his Imjin Scout Insignia
Certificate, and his DA Form 2139 (Military Pay Voucher).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 15 September 1970.  The application submitted in this case is dated 7
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 was inducted into the Army on 12 February 1969.  He
completed basic combat training at Fort Gordon, Georgia and was reassigned
to Fort Leonard Wood, Missouri for advanced individual training (AIT).  At
the completion of AIT, he was awarded military occupational specialty 12A
(Pioneer).

4.  He was assigned to Korea on 7 July 1969.

5.  The applicant’s certificate shows he was awarded Imjin Scout Insignia
for commendable participation in operational missions along the DMZ in
Korea in August 1969.

6.  His Military Pay Voucher for pay period covering 1 to 15 September 1970
shows he received foreign duty pay and hostile fire pay.

7.  He departed Korea on 14 September 1970.

8.  The applicant was released from active duty on 15 September 1970.  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Armed Forces Expeditionary Medal, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

9.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that credit toward an overseas service bar is authorized for
each month of active Federal service as a member of the US. Army serving in
the designated hostile fire area in Korea from 1 April 1968 until 31 August
1973.  The months of arrival to, and departure from, the hostile fire pay
area are counted as whole months.  When credit is given for a month for
hostile fire pay, credit for a corresponding month is given toward an
overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  Based on Army Regulation 670-1, overseas service bars are items to be
worn on the Soldier’s uniform and are not awards or decorations.  The
applicant provided evidence to show he is authorized at least one overseas
bar based on his receipt of hostile fire pay while in Korea, however, since
overseas service bars are not considered awards or decorations, they are
not authorized for entry on the DD Form 214.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 September 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 September 1973.  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______  SF______  EM_____  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                 |AR20060006978                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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