BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20160005404 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ ____x_ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20160005404 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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. BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20160005404 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 "Distinguished Service Award." 2. The applicant states he has the award in a frame and it is signed by the Secretary of the Army. 3. The applicant does not provide any 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 18 November 1966. He initially held military occupational specialty (MOS) 71R (Broadcast Specialist) and at the time of his separation, he held MOS 71L (Administrative Specialist). 3. He served in Vietnam from on or about 31 March to 3 November 1968. He was assigned to the 509th Quartermaster Detachment, U.S. Army Support Command – DaNang Vietnam. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) listed two awards: National Defense Service Medal and Vietnam Service Medal. 5. His records do not contain documents pertaining to a "Distinguished Service Award." 6. He was honorably released from active duty on 4 November 1968. His DD Form 214 shows he completed 1 year, 11 months, and 17 days of active service, 7 months and 4 days of which was foreign service. The available evidence shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal REFERENCES: Army Regulation 600-8-22 (Military Awards) provides Army policy on awards and decorations. The regulation does not provide for an award called the "Distinguished Service Award." DISCUSSION: The applicant has not submitted a copy of the award document he describes in his application. The Army regulation governing awards does not provide for a "Distinguished Service Award," and the applicant's records do not reference such an award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005404 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005404 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2