IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100023717 


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 in:

* Item 22c (Foreign and/or Sea Service) the entry "Thailand" instead of "USARPAC" [U.S. Army Pacific Command]
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) all the awards and decorations he is entitled to

2.  The applicant states he would like his DD Form 214 to show his Thailand service as it is shown on his DA Form 20 (Enlisted Qualification Record).  This correction would enable him to become a member of the Veterans of Foreign Wars.  He served in Thailand with the 44th Engineer Group.

3.  The applicant provides:

* his DD Form 214
* a DD Form 215 (Correction to DD Form 214)
* a letter from the National Personnel Records Center
* Special Orders Number 69, dated 28 March 1967
* his DA Form 20
* his Honorable Discharge Certificate

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 7 December 1965 and he held military occupational specialty (MOS) 62E (Construction Machine Operator).

3.  Subsequent to completing his MOS training, he was reassigned to USARPAC on 26 April 1966.  He served with the 538th Engineer Battalion in Thailand from 29 April 1966 to 10 April 1987.

4.  Subsequent to completing his USARPAC assignment, he was reassigned to Fort Knox, KY.  He was honorably released from active duty on 6 December 1967, in the rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 2 years of total active service.  This form also shows in:

	a.  item 22c (Foreign and/or sea Service) he completed 11 months and
16 days of foreign service in the USARPAC theater; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  Additionally, his record is void of any derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (for example, USARPAC, etc.) in which the service was performed would be entered in item 22c.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's foreign service, the evidence of record shows the applicant served with the 538th Engineer Battalion in Thailand.  The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  The entry "USARPAC" is correctly shown in item 22c of his DD Form 214.  There is no requirement to list individual countries, such as Thailand, in this block.  

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  Nevertheless, the applicant may use these Proceedings to confirm his service in Thailand.

3.  The evidence of record confirms he served honorably during the period 7 December 1965 through 6 December 1967.  He served in Thailand, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 December 1965 through 6 December 1967 and

	b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 22c of his
DD Form 214 by deleting the entry "USARPAC" and replacing it with the entry "Thailand."



      __________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)                                         AR20100023717



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ABCMR Record of Proceedings (cont)                                         AR20100023717



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