IN THE CASE OF:	  

		BOARD DATE:  25 February 2014

		DOCKET NUMBER:  AR20130010412 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM) and Royal Thai Army Airborne Wings.

2.  The applicant states that he did not receive the documentation for the above two awards until he was discharged.

3.  The applicant provides copies of the above award documents.

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 (RA) on 22 September 1982 for a period of 4 years.  He was awarded military occupational specialty (MOS) 19K (M1 Armor Crewman). 

3.  He was promoted to sergeant first class on 1 September 1991 in primary MOS 18E (Special Forces Communications Sergeant).

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations and Campaigns) the:

* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with (.45 Caliber) 
Pistol Bar
* Army Service Ribbon
* Parachutist Badge
* Army Achievement Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 2
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (3rd Award)
* Senior Parachutist Badge
* Master Parachutist Badge
* Special Forces Tab
* National Defense Service Medal

5.  The applicant's DD Form 214 shows he was honorably discharged on 
23 March 1992 based on completion of required active service.  He had completed 9 years, 6 months, and 2 days of total active service this period.  It also shows his awards as:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Master Parachutist Badge
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Special Forces Tab
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar

6.  A review of the applicant's military personnel records failed to reveal evidence of award of the MSM or Royal Thai Army Airborne Wings.

7.  In support of his request the applicant provides the following documents:

   a.  DA Form 638-1 (Recommendation for Award) and DA Form 4980-12 (MSM Certificate) that show the Commanding General, U.S. Army Special Forces Command (Airborne) (USASFC(A)), approved award of the MSM to the applicant for meritorious service from 1 October 1989 to 22 February 1992 and that the award was announced in Headquarters, USASFC(A), Fort Bragg, NC, Permanent Order Number 47-9, dated 27 May 1992.

   b.  Headquarters, USASFC(A), Fort Bragg, NC, memorandum, dated 31 May 1991, subject:  Acceptance and Wear of Foreign Badge, that shows the applicant was authorized to accept and wear the Royal Thai Army Airborne Wings.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Appendix D (Foreign Badges) shows the Royal Thai Army Airborne Wings is a foreign badge approved for acceptance and wear on the Army uniform.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

   a.  permanent orders awarded the applicant the MSM; and

   b.  the Commander, USASFC(A), Fort Bragg, NC, authorized the applicant to accept and wear the Royal Thai Army Airborne Wings.

2.  The evidence of record also shows the applicant was authorized the following awards that are not shown on his DD Form 214:

* Noncommissioned Officer Professional Development Ribbon with
Numeral 2
* Sharpshooter Marksmanship Qualification Badge with (.45 Caliber) 
Pistol Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

3.  Therefore, it would be appropriate to correct his records to show his awards and decorations as recommended below.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the:

* Meritorious Service Medal
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 2
* Sharpshooter Marksmanship Qualification Badge with (.45 Caliber) 
Pistol Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Royal Thai Army Airborne Wings



      _______ _  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)                                         AR20130010412



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ABCMR Record of Proceedings (cont)                                         AR20130010412



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