IN THE CASE OF: BOARD DATE: 5 February 2015 DOCKET NUMBER: AR20140011756 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 his authorized awards. 2. The applicant states, in effect, all his authorized awards are not listed on his DD Form 214. 3. The applicant did not provide any supporting documentation. 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 enlisted in the Regular Army on 23 February 1965. He held military occupational specialty 64B (Heavy Vehicle Operator). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service) he served in Thailand from 5 August 1965 through 16 September 1966; b. Item 38 (Record of Assignments) that following completion of advanced individual training he was assigned to the 561st Engineer Company, in Thailand, from 8 August 1965 through 18 March 1966; and c. Item 41 (Awards and Decorations): * National Defense Service Medal * Army Good Conduct Medal (First Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. He was honorably released from active duty on 21 February 1968 as a specialist five/E-5. His DD Form 214 lists his authorized awards as the: * National Defense Service Medal * Army Good Conduct Medal 5. His record contains orders showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 6. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units during the Vietnam Conflict. This pamphlet shows the 561st Engineer Company was cited for award of the Meritorious Unit Commendation for the period February 1962-February 1966 in Department of the Army General Orders Number 22, dated 1966. DISCUSSION AND CONCLUSIONS: 1. His records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 2. General orders show that during his service in Thailand, his unit was cited for award of the Meritorious Unit Commendation. 3. Therefore, his DD Form 214 should be corrected to show these awards. BOARD VOTE: ___x____ ___x____ __x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Meritorious Unit Commendation ___________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) AR20100025029 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140011756 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1