IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20070018988 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 21 November 1968 be corrected to show M_____, Minnesota as his place of birth.  He also requests that the Army Commendation Medal be added to his DD Form 214.

2.  The applicant states, in effect, that item 8 (Place of Birth) of his DD Form 
214 incorrectly shows the state of Michigan.  He further states that he was awarded the Army Commendation Medal at Fort Carson, Colorado and it is not entered on his DD Form 214. 

3.  The applicant provides his DD Form 214.

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 on 22 November 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to A Company, 1st Battalion, 26th Infantry, 1st Infantry Division on or about 9 May 1967.

4.  Headquarters, 1st Infantry Division General Orders Number 3914, dated 
26 April 1968, show that the applicant was awarded the Army Commendation Medal for meritorious service for the period May 1967 through April 1968.   

5.  The applicant departed Vietnam on or about 3 May 1968 after participating in three campaigns.  

6.  The applicant was honorably separated from active duty on 21 November 1968.  Item 8 of the applicant's DD Form 214 shows M_____, Michigan.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with (one) bronze service star, the Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.

7.  Headquarters, 5th Infantry Division (Mechanized) and Fort Carson General Orders Number 25, dated 22 January 1969, show that the applicant was awarded the Army Good Conduct Medal 1st Award for the period 22 November 1966 through 21 November 1968.

8.  A review of the documents and forms contained in the applicant’s Military Personnel Records Jacket (MPRJ) revealed that his place of birth state is consistently recorded as Minnesota on all forms and documents contained therein.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the 1st Battalion, 26th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
12 July 1965 through 16 October 1968 based on Headquarters, Department of the Army General Orders Number 21, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 26th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 based on Headquarters, Department of the Army General Orders Number 53, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. 

DISCUSSION AND CONCLUSIONS:

1.  A careful review of the evidence of record reveals that the place of birth recorded on the applicant’s DD Form 214 contains the incorrect state of his place of birth.  It does not appear that the applicant will receive benefits to which he is not entitled by making this correction.  Therefore, in the interest of justice and clarity, it would be appropriate to correct the applicant’s DD Form 214 to reflect the correct state of his place of birth, which is Minnesota as shown consistently in his MPRJ. 

2.  Evidence of record shows that the applicant was awarded the Army Commendation Medal and the Army Good Conduct Medal 1st Award.  His DD Form 214 should also be amended to add these awards.

3.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in three campaigns makes him eligible to wear three bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

___XX___  __XX___  ___XX__  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:

      a.  deleting the entry in item 8 of his DD Form 214;
      
	b.  amending his DD Form 214 in item 8 to add "M_____, Minnesota"; and 
        
      c.  amending his DD Form 214 to add the Army Commendation Medal , the Army Good Conduct Medal 1st Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.
      



       _    __XX___   ___
       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)                                         AR20070018988



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20070018988



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1