IN THE CASE OF:	  

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130010082 


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 foreign service in Thailand from January through August 1962.  He further requests correction of his DD Form 214 to show any and all awards he is authorized.

2.  The applicant states his DD Form 214 does not indicate his true active service record.  He contends his unit, the 809th Engineer Battalion, rotated from Okinawa to Thailand in January 1962; however, there were no individual movement orders.  He contends he departed Okinawa with his assigned platoon in the middle of January 1962.

3.  The applicant provides:

* DD Form 214
* Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Special Orders Number 39, dated 24 February 1961
* Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Special Orders Number 54, dated 15 March 1961
* Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 102, dated 12 April 1961
* Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Special Orders Number 95, dated 3 May 1961
* Headquarters, 809th Engineer Battalion (Construction), Special Orders Number 122, dated 23 July 1962
* Pan American World Airways passenger ticket and baggage check coupon, embarkation card, and Standard Form 1012a (Travel Voucher – Memorandum)
* Headquarters, Fort Sheridan, IL, Special Orders Number 162, dated 10 August 1962
* Headquarters, Fort Sheridan, IL, Special Orders Number 14, dated 17 January 1963
* Vietnam Veterans' Bonus memorandum issued by the State of Minnesota
* Standard Form 180 (Request Pertaining to Military Records), dated 14 March 2013

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's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by the applicant.

3.  The applicant enlisted in the Regular Army on 20 January 1960.  He held military occupational specialty 634.10 (Fuel and Electrical System Repairman).

4.  On 19 January 1963, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.  His DD Form 214 shows the following:

	a.  Item 24c (Foreign and/or Sea Service) shows he completed 1 year, 4 months, and 5 days of foreign service under the U.S. Army Ryukyu Islands Command.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Carbine Bar.

5.  He provides numerous documents pertaining to his service in the Ryukyu Islands (Okinawa).  At least three of the documents show he returned to the continental United States (CONUS) in August 1962 from Bangkok, Thailand.  However, none of the documents definitively show the dates he served in Thailand.

6.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) 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.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and that it reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service in Thailand and any and all awards he is authorized was carefully considered.

2.  He served a qualifying period of service for award of the NDSM.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the NDSM.

3.  The documents he provided do not show the date he arrived in Thailand; they show only the general time frame in which he departed Thailand en route to CONUS.

4.  Absent clarifying documentation that shows the exact dates his unit moved from Okinawa or, more specifically, the date he arrived in Thailand, there is no way to determine his dates of foreign service in Thailand or to discern whether the foreign service currently shown on his DD Form 214 includes his service performed in Thailand.

5.  In view of the foregoing, there is an insufficient basis to grant this portion of the requested relief.

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 adding award of the NDSM to item 26 of his DD Form 214.

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 amending his DD Form 214 to show foreign service in 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)                                         AR20100012174



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ABCMR Record of Proceedings (cont)                                         AR20130010082



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