RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 August 2007
      DOCKET NUMBER:  AR20070004513


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, correction of his records to show
award of the National Defense Service Medal (NDSM), the Armed Forces
Service Medal (AFSM), and any other awards he is entitled to.

2.  The applicant states, in effect, that he earned these awards for
serving on active duty from 1959 through 1965.

3.  The applicant provides no additional documentation in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 July 1965, the date he was placed on the temporary
disability retirement list (TDRL).  The application submitted in this case
is dated 6 March 2007.

3.  The applicant’s records show that he enlisted in the Regular Army on
9 January 1959.  He completed basic combat training and advanced individual
training and was awarded military occupational specialty (MOS) 356.10
(Electric Device Repairman).

4.  The applicant was honorably discharged from active duty on 3 February
1961, for the purpose of immediate reenlistment.  He had completed 2 years
and
25 days of active duty service.

5.  Item 26 (Decorations, Medal, Badge, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) dated
3 February 1961, shows he was awarded the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship
Qualification Badge with Pistol Bar (.45 Cal).

6.  On 4 February 1961, the applicant reenlisted in the Regular Army and
was subsequently assigned to 50th Engineer Company, West Point, New York.
He served a tour of duty in the European Theater of Operations (ETO) from
22 November 1961 through 9 October 1964.  He was released from active duty
and placed on the TDRL on 15 July 1965, after serving a total of 4 years,
5 months, and 11 days on this tour.

7.  Item 26 (Decorations, Medal, Badge, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214,
dated 15 July 1965, shows that the applicant was awarded the Good Conduct
Medal (first award), Expert Marksmanship Qualification Badge with Rifle (M-
14) and pistol (.45 Cal) Bars, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-1).

8.  Army Regulation 600-8-22 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.

9.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the Armed Forces Service Medal
may be awarded to members of the Armed Forces of the United States who,
after 1 June 1992, participate, or have participated, as members of United
States military units, in a United States military operation that is deemed
to be a significant activity; and encounter no foreign armed opposition or
imminent threat of hostile actions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the NDSM, the
AFSM, and other awards authorized during the period he was on active duty.

2.  Record shows the applicant served a qualifying period of service for
award of the NDSM.  Therefore, he is entitled to correction of his records
to show this award.

3.  There is no evidence in the applicant’s records that he served a period
of qualifying service for award of the AFSM or any other awards.
Therefore, he is not entitled to have his records corrected to show this
award or any other awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___PMS_  ___REB _  ___RCH_  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing award of the NDSM.

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
correction of the applicant’s records to add the AFSM or any other
additional awards.




                                     _  Paul M. Smith___
                                            CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20070004513                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/28                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MS. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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