IN THE CASE OF
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018404
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 Forced of the United States Report of Transfer or Discharge) to show the Air Force Outstanding Unit Award.
2. The applicant states Special Order (SO) G-150, dated 31 October 1963, issued by Department of the Air Force, awarded his unit the award listed above for meritorious service from 1 September 1961 to 25 December 1962. He was not notified of this award until 2006 by his former unit member.
3. The applicant provides his DD Form 214, two orders, and an award citation.
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 13 March 1961. He served in Greenland from 17 September 1961 to 17 August 1962 while assigned to the U.S. Army Signal Research Activity.
3. He was honorably released from active duty on 12 March 1963 and he was transferred to the U.S. Army Reserve.
4. The DD Form 214 he was issued shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 Carbine), and the Army Good Conduct Medal (1st Award).
5. The applicant provides SO G-150, dated 31 October 1963, issued by Department of the Air Force, wherein the U.S. Army Signal Research Activity was cited for award of the Air Force Outstanding Unit Award for the period 1 September 1961 through 25 December 1962.
6. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms SO awarded the applicant's unit the Air Force Outstanding Unit Award during his period of assignment to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
2. He served during a qualifying period for award of the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this medal.
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 his DD Form 214 the National Defense Service Medal and the Air Force Outstanding Unit Award.
_______ _ 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) AR20130018404
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ABCMR Record of Proceedings (cont) AR20130018404
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