RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      9 March 2006
      DOCKET NUMBER:  AR20050008373


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Ms. Jeanette McPherson            |     |Member               |
|     |Mr. David Tucker                  |     |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 citations he was awarded be
listed on his DD Form 214, Certificate of Release or Discharge from Active
Duty.

2.  The applicant states, in effect, the citations were awarded to him in
Berlin, Germany, and at Fort Carson, Colorado.  The applicant added that in
1986 when he was released from active duty he had all his medals and badges
on his DD Form 214 but they did not list his citations – two from Berlin,
with two oak leaf clusters and a citation from Company C, 2nd Battalion,
8th Infantry, at Fort Carson.  He wants them to be added to his DD Form 214
because they belong there.

3.  The applicant provided a VA Form 21-4138, Statement in Support of
Claim, and a copy of his DD Form 214, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 December 1986, the date of his release from active duty.  The
application submitted in this case is dated 10 May 2005, but was received
for processing on 8 June 2005.

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 in the US Army Reserve on 25 October 1983.  On
8 November 1983, the applicant enlisted in the Regular Army for a period of
3 years.  He successfully completed one station unit training at Fort
Benning, Georgia.  On completion of this one station unit training, he was
awarded the military occupational specialty 11B, Light Weapons Infantryman.

4.  The applicant was assigned to Germany as a first duty assignment.  He
was initially assigned to Company C, 2nd Battalion, 6th Infantry Regiment,
and was
later reassigned to Company C, 4th Battalion, 502nd Infantry Regiment
(Rifle), in Berlin.  Item 35, Record of Assignments, of the applicant's DA
Form 2-1, Personnel Qualification Record, Part II, shows he remained
assigned to this unit until he was returned to the United States on
reassignment.

5.  On the applicant's return to the United States, he was assigned to
Company C, 2nd Battalion, 8th Infantry Regiment, Fort Carson, Colorado.
The applicant remained assigned to this unit until he was released from
active duty.

6.  The applicant was released from active duty on 5 December 1986, under
the provisions of Army Regulation (AR) 635-200, Chapter 4, at the
expiration of his term of service and under the Christmas Early Release
Program, in the rank and pay grade of Private, E-1, with 2 years,
11 months, and 29 days active military service, with lost time for the
period 29 June 1984 through 28 July 1984.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant's DD Form 214, shows he was
awarded the Army Occupation Medal, the Parachutist Badge, and the Expert
Marksmanship Qualification Badge, with Hand Grenade and Rifle Bar.  There
are no citations shown on the applicant's DD Form 214.

8.  There are no orders or citations in the applicant's service personnel
records to show that he was awarded other honors while he served on active
duty in the Army.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant provided none, to show he
received other awards or honors while he served on active duty in the
Army.  He is therefore ineligible for a correction to his DD Form 214 to
add other citations or awards.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 December 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 December 1989.  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

_RD_____  __JBM__  __DT ___  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.




                                  __     Richard Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008373                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060309                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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