IN THE CASE OF: 

		BOARD DATE: 8 October 2013

		DOCKET NUMBER:  AR20130002905 


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 social security number (SSN) as 071-XX-XXXX
* the color of his eyes as blue
* his authorized awards

2.  The applicant states the information is either incorrect or missing.  There are no awards listed after 3 years of honorable service such as the National Defense Service Medal, Vietnam Service Medal, Army Good Conduct Medal, and marksmanship qualification badges.

3.  The applicant provides copies of his DD Form 214, social security card, and Florida driver's license.

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 28 July 1962 and held military occupational specialty 72B (Communications Center Specialist).

3.  His DA Form 24 (Service Record) shows:

	a.  his SSN as 071-XX-XXXX;

	b.  in Section 5 (Service Outside Continental United States), he served in Germany from April 1963 to July 1965.  There is no record of service in Vietnam;

	c.  in Section 9 (Medals, Decorations, and Citations), he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar; and

	d.  in Section 10 (Remarks), he was not favorably considered for award of the Army Good Conduct Medal on 23 May 1965.

4.  He was honorably released from active duty on 13 July 1965 in the rank of specialist four/E-4.  His DD Form 214 shows:

	a.  in item 7d (Color Eyes), his eye color as brown;

	b.  in item 24f (Foreign and/or Sea Service), he completed 2 years, 3 months, and 6 days of foreign service in U.S. Army Europe;

	c.  in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), none; and

	d.  in item 32 (Remarks), his SSN as 671-XX-XXXX.

5.  His records also contain:

	a.  a Standard Form 88 (Report of Medical Examination) for induction, dated 23 May 1962, showing the color of his eyes as blue;

	b.  a DD Form 398 (Statement of Personal History), dated 6 January 1964, showing the color of his eyes as blue and his SSN as 071-XX-XXXX; and

	c.  a Standard Form 88 for separation, dated 25 May 1965, showing the color of his eyes as brown.

6.  A review of the applicant's military personnel records failed to reveal any evidence he was authorized any awards other than the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 600-8-22 (Military Awards) ) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows he reported the color of his eyes as blue when he enlisted.  Therefore, his DD Form 214 should be corrected to show the color of his eyes as blue.

2.  The available evidence also shows his SSN as 071-XX-XXXX.  Therefore, his DD Form 214 should be corrected to show this SSN.

3.  The applicant served on active duty from 28 July 1962 to 13 July 1965 during a qualifying period of service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  His records show he was authorized award of the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

5.  His records show he was not favorably considered for the Army Good Conduct Medal on 23 May 1965.  Therefore, he is not entitled to award of the Army Good Conduct Medal.

6.  His records do not show any foreign service in Vietnam.  Therefore, he is not authorized award of the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 by:

	a.  deleting the current entry in item 7d and replacing it with "blue";

	b.  adding award of the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar to item 26; and

	c.  deleting the current SSN entry in item 32 and replacing it with the SSN shown on his social security card.

2.  The Board further determined 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 his DD Form 214 to show award of the Army Good Conduct Medal and Vietnam Service Medal.



      ___________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)                                         AR20110020167



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ABCMR Record of Proceedings (cont)                                         AR20130002905



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