RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060007550


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |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 he be authorized the National
Defense Service Medal and Overseas Service Ribbon.

2.  The applicant states that when he was separated he was not issued these
awards.  He believes this may have occurred because he was not yet a
citizen of the United States.

3.  The applicant provides copies of a letter from the National Personnel
Records Center (NPRC) verifying that he is entitled to the National Defense
Service Medal and Overseas Service Ribbon, his personal description of his
service, his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge), his Discharge Certificate, a Declaration of
Intention to become a citizen of the United States, 1966 letters from a
United States Senator and the Governor of New York greeting him as a
citizen of the United States, and his naturalization certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 February 1958, the date of the discharge.  The
application submitted in this case is dated 17 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 and entered active duty on 1 March 1955.  He was
separated early as an overseas returnee on 15 February 1958.  He had 2
years, 11 months, and 15 days of creditable service and 1 year, 2 months,
and 26 days of foreign service.

4.   Army Regulation 672-5-1 (Military Awards), then in effect, provides
that the National Defense Service Medal is awarded for honorable active
service for any period between 27 July 1950 through 27 July 1954 and 1
January 1961 through 14 August 1974, inclusive.
5.  Army Regulation 600-8-22 also shows that the Overseas Service Ribbon
was established by the Secretary of the Army on 10 April 1981.  The
regulation states, in pertinent part, that effective 1 August 1981, all
members of the Active Army, Army National Guard, and Army Reserve in an
active Reserve status are eligible for the award for successful completion
of overseas tours.  The award may be awarded retroactively to those
personnel who were credited with a normal overseas tour completion before 1
August 1981 provided they had an Active Army status on or after 1 August
1981 and the overseas service is not recognized with another U.S. service
medal.  Numerals are used to denote the second and subsequent awards of the
Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The NPRC, which is not an Army agency, inadvertently informed the
applicant that he was entitled to the National Defense Service Medal and
the Overseas Service Ribbon.

2.  Neither of those awards was in effect at the time of the applicant’s
service.  In fact, there were no National or Army service medals or ribbons
in effect at that time.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 February 1958; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 February 1961.  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

__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                 |AR20060007550                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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