IN THE CASE OF: 

		BOARD DATE:	    10 June 2014

		DOCKET NUMBER:  AR20130017403 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM).

2. He states he was awarded the ARCOM while assigned to the 47th Finance Section (Accounting), U.S. Army Support, Thailand.

3. He provides:

* Honorable Discharge Certificate
* ARCOM Certificate
* DD Form 214

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.  On 7 November 1966, the applicant was inducted into the Army of the United States.

3.  On 24 January 1968, Headquarters, U.S. Army Infantry Center Troop Command, Fort Benning, GA, issued Special Orders Number 19 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). These orders also awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from 17 February 1968 through the expiration of his term of service.

5.  On 2 May 1968, Headquarters, Special Troops, U.S. Army Support, Thailand, Bangkok, issued Special Orders Number 78 awarding him the Expert Marksmanship Qualification Badge with Pistol Bar.

6.  On 22 October 1968, Headquarters, U.S. Army Support, Thailand, issued General Orders Number 318 awarding him the ARCOM for meritorious service during the period 19 February to 29 October 1968.

7.  On 26 October 1968, he was honorably released from active duty as an overseas returnee. His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with automatic rifle and Pistol Bars.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.


BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the:

* ARCOM
* Expert Marksmanship Qualification Badge with Automatic Rifle and Pistol Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      ______ _  x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130017403



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ABCMR Record of Proceedings (cont)                                         AR20130017403



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