RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          20 December 2005
      DOCKET NUMBER:  AR20050004787


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to reflect his
award of the Bronze Star Medal (BSM), his correct date of birth (DOB), the
correct number of overseas service (OS) bars, and by deleting the 3 days of
lost time.

2.  The applicant states, in effect, that he received an award of the BSM
that was omitted from his DD Form 214 at the time of his discharge in 1973.
 He also states that his DOB should be reflected as 21 December 1946
instead of
6 December 1946 as currently reflected on his DD Form 214.  He further
states that he served in Germany and Alaska and should have received
additional OS bars.  He continues by stating that he believes the entry
regarding 3 days of lost time to be in error.

3.  The applicant provides a copy of his birth certificate showing his DOB
as being 21 December 1946.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 3 October 1973.  The application submitted in this case was received on
28 March 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  He initially enlisted in St. Louis, Missouri, on 16 June 1965 for a
period of 3 years and training as a track vehicle mechanic.  At the time of
his enlistment his DOB was listed as 21 December 1946.  He completed his
training at Fort Leonard Wood, Missouri and Fort Knox, Kentucky before
being transferred to Alaska on 28 March 1966.  He departed Alaska on 28
September 1967 and was transferred to Fort Carson, Colorado, where he
remained until he was honorably released from active duty on 24 June 1968,
due to the expiration of his term of service (ETS).  He had served 3 years
of total active service.

4.  On 23 September 1968, he again enlisted in St. Louis, Missouri, for a
period of 3 years and assignment to Europe.  His DOB was listed as 6
December 1946 and on 28 October 1968, the unit adjutant submitted a request
to have the applicant’s DOB corrected.  Officials at the Army Personnel
Services Support Center, Fort Benjamin Harrison, Indiana, responded to the
request informing the adjutant that once the applicant had submitted such a
request with a copy of his birth certificate, the change would be effected.
 There is no evidence that the applicant ever took any such action.

5.  The applicant was transferred to Germany on 20 October 1968 and served
there until 15 June 1969, when he received orders transferring him to
Vietnam.  He arrived in Vietnam on 10 August 1969 and was assigned to the
1st Battalion, 77th Armor Regiment.  He remained in Vietnam until 9 August
1970, when he was transferred to Fort Sill, Oklahoma.

6.  On 4 October 1970, he was honorably discharged for the purpose of
immediate reenlistment.  He had served 2 years and 12 days of his current
enlistment and was awarded the Vietnam Service Medal (VSM), the Republic of
Vietnam Campaign Medal (RVNCM), and two OS bars.  His DOB on his DD Form
214 was listed as 6 December 1946.

7.  On 5 October 1970, he reenlisted for a period of 3 years and assignment
back to Vietnam.  His enlistment contract indicates a DOB of 6 December
1946.  He arrived in Vietnam on 16 December 1970 and was assigned to the
178th Maintenance Battalion and the 528th Quartermaster Company.  He
departed Vietnam on 4 December 1971 and was transferred to Alaska, where he
remained until he was transferred to Fort Lewis, Washington, and was
honorably discharged in the pay grade of E-4 on 3 October 1973, as an
overseas returnee. He had served 8 years, 3 months, and 6 days of total
active service and was awarded the National Defense Service Medal, the VSM,
the RVNCM, and two OS bars.  His DOB was listed as 6 December 1946 and his
DD Form 214 indicates that he had 3 days of lost time from 3 to 5 March
1972, due to being absent without leave (AWOL).

8.  A review of the applicant’s records shows that he was awarded the BSM
on 19 July 1970 in General Orders Number 1215 dated 19 July 1970, published
by Headquarters, 1st Infantry Brigade, 5th Infantry Division.

9.  His records also show that on 16 March 1972, nonjudicial punishment
(NJP) was imposed against him for assaulting a superior noncommissioned
officer with his fist, for being disrespectful in language towards his
first sergeant, for being incapacitated for the proper performance of his
duties due to overindulgence in alcohol, and for being AWOL from 3 March to
6 March 1972.  His punishment consisted of a reduction to the pay grade of
E-4, extra duty, and restriction.

10.  Army Regulation 635-5, in effect at the time, served as the authority
for the preparation of the DD Form 214.  It provided, in pertinent part,
that only those awards earned during the period covered by the DD Form 214
would be entered at the time of separation.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation during the period he was assigned to the unit.
 Additionally, he participated in five campaigns while assigned to Vietnam
and thus is entitled to be awarded one silver service star for wear on his
already awarded VSM.

12.  Army Regulation 670-1, Wear and appearance of Army Uniforms and
Insignia, provides, in pertinent part, that one oversea service bar is
authorized for each 6-month period of active Federal service in a hostile
fire pay area.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record and the applicant’s birth certificate clearly
establishes that his DOB is 21 December 1946.  Accordingly, his DD Form
214s dated 4 October 1970 and 3 October 1973 should be corrected to show
that his DOB is 21 December 1946 instead of 6 December 1946 as currently
reflected on those documents.

2.  The evidence of record also establishes that the applicant was awarded
the BSM on 19 July 1970.  Accordingly, that award should also be added to
his DD Form 214 dated 4 October 1970.

3.  Subsequent to the applicant’s tours in Vietnam, his unit was awarded
the RVNGC w/Palm Unit Citation for the period he was assigned to Vietnam.
Accordingly, his DD Form 214 dated 3 October 1973 should be corrected to
show that award.  Additionally, he participated in five campaigns during
his tours in Vietnam and should be awarded one silver service star for wear
on his already awarded VSM.

4.  The applicant served two tours in Vietnam and earned two OS bars during
each of his tours.  The applicant also received two DD Form 214s for each
separate tour and the appropriate two OS bars are reflected on those
documents.  Inasmuch as he has received four OS Bars for both of his tours
in Vietnam, he is not entitled to any more because his service in Alaska
and Germany did not count towards accumulation of time for the purposes of
OS bars.

5.  The applicant’s contention that the 3 days of lost time on his DD Form
214 is in error has been noted and found to be without merit.  NJP was
imposed against him for offenses including AWOL from 3 March to 6 March
1972, which accounts for the 3 days of lost time, and it is a matter of
record.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

_JH ____  _RB____   __JM____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by showing on his DD Form 214 dated 4 October 1970 that his DOB is
21 December 1946 instead of 6 December 1946 and by showing that he was
awarded the BSM; and

      b.  by showing on his DD Form 214 dated 3 October 1973 that his DOB
is 21 December 1946 instead of 6 December 1946; and by awarding him the
RVNGC w/Palm Unit Citation and one silver service star for wear on his
already awarded VSM.
2.  The Board further determined that 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
awarding him additional OS bars and deleting his 3 days of lost time.




            _____James Hise______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004787                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.107.0014              |60/BSM                                  |
|3.107.0094              |140/RVNGC                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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