BOARD DATE: 18 August 2009
DOCKET NUMBER: AR20090004504
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 Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 29 August 1966 be corrected to show all medals to which he is entitled for his service from 30 August 1963 to 29 August 1966.
2. The applicant states he believes that during the preparation of his
DD Form 214, some of the medals to which he is entitled were omitted.
3. The applicant provides no additional evidence or official documentation 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military personnel records show he enlisted in the Regular Army on 30 August 1963 for a period of 3 years. The applicant enlisted for assignment to the Metropolitan Area - Minneapolis-St. Paul, MN. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 16B (Hercules Missile Crewman).
3. On 9 November 1963, the applicant was assigned to Battery D, 3rd Missile Battalion, 68th Artillery in Bethel, MN. He was promoted to specialist five/pay grade E-5 effective 30 June 1966.
4. On 29 August 1966, the applicant was released from active duty by reason of the expiration of his term of service. Item 26 of his DD Form 214 contains the following entries: "Marksman (Rifle)/ Expert (Carbine)/ 1st Class Missileman (Badge)/ NDSM (National Defense Service Medal)/ GCMDL (Army Good Conduct Medal) (1st Award)."
5. There are no orders in the applicant's military personnel records jacket (MPRJ) for any awards other than those currently shown in item 26 of his DD Form 214.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. A review of this pamphlet did not show the applicant's unit as having received any unit awards during the period he was assigned.
DISCUSSION AND CONCLUSIONS:
1. There are no orders in the applicant's MPRJ for any awards other than those currently listed in item 26 of his DD Form 214. Department of the Army Pamphlet 672-3 does not show any unit awards for his unit during the period he was assigned.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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) AR20090004504
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