BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140005535 


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 all the medals he is entitled to.

2.  The applicant states his DD Form 214 only shows two medals.  He served during Vietnam and feels he is entitled to more medals than what is shown on his DD Form 214.

3.  The applicant provides no additional evidence.

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 was inducted into the Army of the United States on 29 January 1962.  On 7 May 1962, he was discharged for the purpose of immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 8 May 1962. 

3.  He completed basic combat training and advanced individual training and, on 2 August 1962, he was assigned to the 809th Engineer Battalion, Thailand.  He departed Thailand on 18 July 1963.  On 29 August 1963, he was assigned to the 87th Engineer Battalion, Fort Belvoir, VA.

4.  Special Orders Number 207, dated 27 October 1964, issued by the 87th Engineer Battalion, Fort Belvoir, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  He was honorably released from active duty on 7 May 1965 and he was transferred to the U. S. Army Reserve.

6.  The DD Form 214 he was issued for this period of service shows the Army Good Conduct Medal (1st Award) and the Expert Marksmanship Qualification Badge with Rifle Bar (Carbine).

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  In addition, he served during a qualifying period for entitlement to the National Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 7 May 1965 to show this medal and badge.


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 amending his DD Form 214 for the period ending 7 May 1965 by adding the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).



      __________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)                                         AR20140005535





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ABCMR Record of Proceedings (cont)                                         AR20140005535



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