RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 March 2006
      DOCKET NUMBER:  AR20050009106


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry Racster                 |     |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 awarded Vietnam-service-
related awards to which he is entitled for his temporary duty (TDY) service
in Vietnam.

2.  The applicant states, in effect, he was TDY in Vietnam in March or
April for approximately 4 or 5 weeks.

3.  The applicant provided no documentary evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 July 1965, the date of his release from active duty.  The
application submitted in this case is dated 13 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’s military record shows that he was inducted into the
Army of the United States on 5 August 1963.  He completed his basic combat
training at Fort Knox, Kentucky, and his advanced individual training at
Fort Sill, Oklahoma. After completing all required training, he was awarded
the military occupational specialty (MOS), 13A (Field Artillery Basic).

4.  The applicant was assigned to Germany and he arrived there on 20
December 1963.  He was assigned to Battery B, 2nd Battalion, 83rd Field
Artillery.  Item 33 (Record of Assignments), of his DA Form 20, Enlisted
Qualification Record, shows he remained assigned to this unit until he
was returned to the United States for release from active duty on 15 July
1965.

5.  Item 29 (Foreign Service), of the applicant's DA Form 20, show he
served in Germany from 20 December 1963 through 15 July 1965.
6.  The applicant was released from active duty on 26 July 1965, under the
provisions of Army Regulation (AR) 635-205, Early Separation of Overseas
Returnee, in the rank and pay grade of Private First Class, E-3, with 1
year, 11 months, and 22 days active military service, with no lost time.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded the Good Conduct Medal and the Expert Marksmanship
Qualification Badge, with Rifle Bar (M-14 Rifle).  There are no Vietnam-
service-related awards shown on the applicant's DD Form 214.

8.  There are no orders in the applicant's service personnel records to
show that he served in Vietnam on either a permanent or on a TDY basis
while he served on active duty in the Army.

9.  Section 2 (Chronological Record of Military Service), of the
applicant's DA Form 24, Service Record, shows a chronological, assignment
to assignment, history of the applicant's travels while he served in the
Army.  There is no entry in this section of the DA Form 24 to show he was
ever assigned to Vietnam on either a permanent or on a TDY basis while he
served.

10.  AR 600-8-22, as amended, provides, in pertinent part, 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.  There is no evidence to show the applicant was ever assigned to Vietnam
on either a permanent or on a TDY basis while he served on active duty in
the Army. He is therefore ineligible to have any Vietnam-service-related
awards awarded to him and added to his DD Form 214.

2.  The evidence does show that the applicant served honorably on active
duty during one of the qualifying periods for award of the National Defense
Service Medal.  He is therefore entitled to award of the National Defense
Service Medal and to have it added to his DD Form 214.
3.  Evidence shows that the applicant’s records contain administrative
error that does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 July 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 25 July 1968.  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

__LCB___  __LWR__  ___KAN_  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding the
applicant the National Defense Service Medal to him then adding this award
to his DD Form 214.



                                  _____K. A. Newman__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009106                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060314                                |
|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.                      |                                        |


-----------------------
[pic]