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ARMY | BCMR | CY2006 | 20060007450C070205
Original file (20060007450C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            05 December 2006
      DOCKET NUMBER:   AR20060007450


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Donald 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 that his report of separation (DD Form 214) be
corrected to reflect his awards of the Army Commendation Medal (ARCOM) and
the National Defense Service Medal (NDSM).

2.  The applicant states that his DD Form 214 does not reflect his awards
of the ARCOM and NDSM.

3.  The applicant provides a copy of orders awarding him the ARCOM and a
copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 April 1978.  The application submitted in this case is dated
13 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.  He enlisted in Seattle, Washington on 14 January 1975 for a period of 3
years and training as a multi-channel communications equipment operator.
He successfully completed his training and was transferred to Germany on 26
June 1975.  He was assigned to Company B, 141st Signal Battalion during his
entire tour of duty and was promoted to the pay grade of E-5 on 31 August
1977.

4.  He departed Germany on 3 April 1978 and was transferred to Fort Dix,
New Jersey, where he was honorably released from active duty (REFRAD) on 7
April 1978.  He had served 3 years, 2 months and 24 days of total active
service and his DD Form 214 issued at the time of his REFRAD shows that he
was awarded the Good Conduct Medal and the Expert Marksmanship Badge with
rifle bar.

5.  The applicant’s records confirm that orders were published on 1
December 1977 awarding him the ARCOM for the period ending 13 January 1978.


6.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant clearly was awarded the ARCOM for meritorious service and
that award was not added to his DD Form 214 at the time of his REFRAD.
Accordingly, it would be in the interest of justice to do so at this time.


2.  However, the applicant did not serve on active duty during a period in
which the NDSM was authorized.  Therefore, he is not entitled to be awarded
the NDSM or to have it added to his records.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 April 1978; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 April 1981.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LS____  ___PM  _  ___DS __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by adding the award of the
ARCOM to his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the NDSM.




                            _____ Linda Simmons_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007450                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19780407                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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