IN THE CASE OF: BOARD DATE: 15 January 2013 DOCKET NUMBER: AR20120012587 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 record to show his service in Thailand and to show any awards he may be entitled to based on that service. 2. He states he deployed to Nakhon Phanom Royal Thai Air Force Base, Thailand, with an Army Security Agency (ASA) company and Special Forces detachment stationed at Andrews Barracks, Berlin, Germany. He states he recalls signing a non-disclosure statement because of security issues, which should have expired by now. The unit was associated with a training mission, but he "never really knew what it was about." When he was released from active duty at Fort Dix, NJ, he noted his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was not entirely correct, but he was told by an officer he could get it corrected later. 3. He provides his 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 25 January 1971, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty (MOS) 12A (Pioneer). He later served in MOS 12B (Combat Engineer). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Germany with the 42nd Engineer Company from 21 June 1971 to 13 January 1973. 4. His record is void of documentation showing he deployed to Thailand or showing he was authorized awards for service in Thailand. 5. On 15 January 1973, he was honorably released from active duty by reason of the early release of an overseas returnee. He completed 1 year, 11 months, and 21 days of total active service, with 1 year, 6 months, and 26 days of foreign service. DISCUSSION AND CONCLUSIONS: There is no evidence showing the applicant served in Thailand or that he was authorized awards for service in Thailand. In the absence of such evidence, there is no basis for making the corrections he seeks. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x ____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. _______ _ __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) AR20120012587 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120012587 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1