RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 MARCH 2007
      DOCKET NUMBER:  AR20060008267


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |                                  |     |Analyst              |

      The following members, a quorum, were present:

|     |                                  |     |Chairperson          |
|     |                                  |     |Member               |
|     |                                  |     |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 records be corrected by adding his
awards, and the Cold War Certificate to his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge).

2.  The applicant states that he was discharged and processed out of the
Army rather quickly, and did not have time to ask questions about his
awards.  He requested his awards and they were authorized for issuance;
therefore, he would like them added to his DD Form 214.

3.  The applicant provides copies of DA From 1577 (Authorization for
Issuance of Awards) showing his authorization for awards, a copy of his DD
Form 214, and a copy of his DA Form 20 (Enlisted Qualification Record), in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show receipt of
the Cold War Recognition Certificate.  The Award of the Cold War
Recognition Certificate is not governed by the provisions of Army
Regulation 600-8-2 (Military Awards) and, as a result, is not shown on a
discharge document.  In accordance with section 1084 of the Fiscal Year
1998 National Defense Authorization Act, the Secretary of Defense approved
awarding the Cold War Recognition Certificate to all members of the armed
forces and qualified federal government civilian personnel who faithfully
and honorably served the United States anytime during the Cold War era,
which is defined as 2 September 1945 to 26 December 1991.  The applicant
may submit a request in writing to the Commander, U.S. Army Human Resources
Command, Cold War Recognition, Hoffman II, ATTN: AHRC-CWRS, 3N45, 200
Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the
applicant's request for the Cold War Recognition will not be discussed
further in this Record of Proceedings.

2.  The applicant is requesting correction of an alleged error which
occurred on 19 August 1966.  The application submitted in this case is
dated 1 June 2006.

3.  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.

4.  The applicant enlisted in the Regular Army on 17 October 1963, for a
period of 3 years.  His DA Form 20 shows he served in Germany from 26 June
1964 to 17 August 1965, and in Thailand from 21 September 1965 to 18 August
1966.

5.  On 19 August 1966, the applicant was honorably released from active
duty under the provisions of Army Regulation 635-205.  His DD Form 214
shows he completed 2 years, 10 months, and 3 days of creditable service,
and was awarded the National Defense Service Medal.

6.  On 25 July 2001, a DA Form 1577, issued from the National Personnel
Records Center, shows the applicant was authorized the Good Conduct Medal,
the National Defense Service Medal, and the Sharpshooter Marksmanship
Qualification Badge w/Rifle Bar.

7.  The applicant's DA Form 20 shows the applicant's principle duty from
May 1964 to the time of his discharge in August 1966 was that of a
"personnel pay specialist."  His DA Form 20 also shows he received
excellent conduct and efficiency rating through out his military service,
and qualified as a sharpshooter with M-14 Rifle.

8.  The applicant's records also contain a DA Form 1577, dated 5 June 2002,
that shows the applicant was authorized the Vietnam Service Medal.

9.  The DA From 1577, dated 5 June 2002, from the National Personnel
Records Center, submitted by the applicant, show authorization for issuance
of the Vietnam Service Medal the applicant requested.  However,
documentation to verify entitlement to this medal was not included.

10.  Army Regulation 600-8-2 (Military Awards) provides, in pertinent part,
that the Vietnam Service Medal was also awarded to those individuals who
were serving in Thailand after 3 July 1965 through 28 March 1973, in direct
support of operations in Vietnam.

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good
Conduct Medal is awarded to individuals who have completed a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal
military service.  The enlisted person must have had all "excellent"
conduct and efficiency ratings and no convictions by a court-martial.
Ratings of "Unknown" for portions of the period under consideration are not
disqualifying.  Service and efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant met the requirements for the award of the
Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar, and his DD Form 214 should be corrected to add these
awards.

2.  Although the applicant was issued an authorization for issuance of the
Vietnam Service Medal, there is no evidence that his service in Thailand as
a pay specialist was in direct support of operations in Vietnam.
Therefore, there is no basis for adding the Vietnam Service Medal to his DD
Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 August 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
18 August 1969.  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

__MP ___  __LR ___  __RB ___  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
Good Conduct Medal, and the Sharpshooter Badge with Rifle Bar 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
adding the Vietnam Service Medal to his DD Form 214.



                            ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008267                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070315                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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