IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110014531
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 all authorized and/or awarded decorations.
2. The applicant states he believes his military record to be incorrect with regard to the medals he was awarded or authorized during his period of service.
3. The applicant provides copies of the inside cover and first page of his official passport issued in March 1971; pages 10 and 11 of his passport showing his visa for Laos; a letter of thanks and praise from the Adjutant, White House Communications Agency, dated 2 October 1972; and seven photocopies of pictures presumably of Laos during his visit.
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. On 30 March 1970, the applicant enlisted in the Regular Army. He completed his initial entry training and was awarded military occupational specialty (MOS) 31E (Field Radio Repairer).
3. The applicant's DA Form 20 (Enlisted Qualification Record) indicates in:
a. Item 31 (Foreign Service) None recorded;
b. Item 38 (Record of Assignments) Upon completion of MOS training he was assigned to the White House Communications Agency from 4 February 1971 to 29 March 1973;
c. Item 39 (Campaigns) None recorded; and
d. Item 41 (Awards and Decorations) National Defense Service Medal, Presidential Service Badge and Certificate; Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. On 29 March 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist five, pay grade E-5, and had completed 3 years of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the same awards as shown in Item 41 of his DA Form 20.
6. The photocopies of the official passport that applicant provided shows the passport was issued for travel abroad on official assignment for the Government of the United States. The visa stamps appear to show the applicant traveled to Laos from 31 January to 4 February 1973.
7. The seven photocopies of pictures do not contain any written comments or markings to explain how they relate to this case.
8. The letter as provided by the applicant, from the Adjutant, White House Communications Agency, dated 2 October 1972, states that the applicant had continually demonstrated his abilities to solve seemingly impossible problems under the most difficult circumstances while on numerous trips within the United States and overseas. The adjutant also mentions personally working with the applicant during the President's visit to Peking, China, during February 1972.
9. Army Regulation 600-8-22 (Military Awards) states there is no automatic entitlement to an award upon departure either from an assignment or from the service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show all authorized and/or awarded decorations.
2. A careful review of the applicant's military records failed to show he is authorized any additional personal decorations, service medals, or ribbons that he was not awarded. Furthermore, the applicant has not identified any specific award that he believes is missing from his DD Form 214.
3. In view of the above, the applicant's request should be denied.
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) AR20110014531
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014531
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