IN THE CASE OF: BOARD DATE: 5 January 2009 DOCKET NUMBER: AR20090012585 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his awards for service in Thailand. 2. The applicant states that he wants his record corrected so that he can obtain Department of Veterans Affairs' benefits and for use by the Veterans of Foreign Wars. 3. The applicant provides a copy of his DD Form 214 in support of his application. 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 8 December 1966, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 62D (Asphalt/Concrete Equipment Operator). 3. Special Orders Number 135, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, dated 15 May 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 4. On 19 May 1967, the applicant departed Fort Leonard Wood for duty in the U.S. Army Pacific. 5. On 5 June 1967, the applicant was assigned to the 538th Engineer Battalion located in Thailand. He served with this battalion until his return to the United States on or about 21 May 1968. 6. On 25 November 1968, the applicant departed Fort George G. Meade, Maryland, for duty in Europe. 7. On 22 December 1968, the applicant was assigned for duty as a heavy truck driver with the 237th Engineer Battalion. He served with this battalion until his return to the United States on or about 4 March 1970. 8. Special Orders Number 60, Headquarters, 237th Engineer Battalion, dated 20 March 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 9. On 6 March 1970, the applicant was released from active duty in the rank of private, pay grade E-2, and he had completed 3 years and 15 days of creditable active duty. 10. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the National Defense Service Medal. It does not show award of the Vietnam Service Medal or any marksmanship qualification badges. 11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over during the same period and serving in direct support of operations in the Republic of Vietnam were also eligible for this award. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 12. The Vietnam Order of Battle by Captain Shelby L. Stanton, U.S. Army, Retired, published in 1989 shows that the 538th Engineer Battalion (Construction) served in Thailand from 14 July 1965 to 15 June 1970 in direct or indirect support functions related to the Vietnam conflict. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show awards for his service in support of operations in the Republic of Vietnam. 2. The available evidence shows that the applicant served in Thailand with the 538th Engineer Battalion in support of military operations in the Republic of Vietnam. Therefore, his records should be corrected to show award of the Vietnam Service Medal. 3. Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, his records should be corrected to show this award. 4. Special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, his records should be corrected to show this award. BOARD VOTE: ________ ________ ________ 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 showing, in addition to the award already shown on his DD Form 214, that his awards include the Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). _________________________ 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) AR20090012585 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090012585 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1