IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080004969 


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, in effect, that his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show "17 Mar 49" (17 March 1949) instead of "17 Apr 49" (17 April 1949) and that his DD Form 214 be corrected to show the Combat Infantryman Badge and the Good Conduct Medal.

2.  The applicant states, in effect, that his DOB should be corrected and that the Combat Infantryman Badge and the Good Conduct Medal should be listed on his DD Form 214.

3.  The applicant provides a copy of his DD 214 in support of his request.

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 record shows he enlisted in the Regular Army on 28 June 1968.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS) 11B.  He was promoted to specialist four (SP4/E-4) effective 15 January 1969.  He served until he was placed on the Retired List effective 17 June 1969 by reason of physical disability. 

3.  Item 9 (Date of Birth), of the applicant's DD Form 214, shows the entry "17 Apr 49" (17 April 1949).

4.  Item 7, (Date of Birth), of the applicant's DA Form 2, Personnel Qualification 
Record, Part 1, shows the applicant's date of birth as "17 Mar 49" (17 March 1949).

5.  Item 21 (Date of Birth), of his DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 28 June 1968, shows his DOB upon entry on active duty as "17 Mar 49."

6.  A review of the applicant's record consistently shows that he utilized "17 March 1949" as his date of birth.

7.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14); and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16).  His DD Form 214 does not show any additional awards.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served as a rifleman and auto-rifleman, in MOS 11B1O, with Company B and D, 2nd Battalion (Airmoble), 7th Cavalry Regiment, 1st Cavalry Division, in Vietnam. There are no orders in the applicant's personnel records to show that he was awarded the CIB. 

9.  The applicant was awarded the Army Commendation Medal, with "V" Device, for heroism in connection with military operations against a hostile force on 18 January 1969 while serving in Vietnam.  The orders indicate that he distinguished himself by heroism in action on 18 January 1969, while serving as a rifleman with Company B, 2nd Battalion (Airmobile), 7th Cavalry Regiment, 1st Cavalry Division, during a search and clear mission. 




10.  The applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 9 March 1969 while serving in Vietnam.  The orders indicate that he was assigned to Company B, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division. 

11.  The applicant's records contain a copy of a DD Form 215, dated 13 May 2005, which shows he was awarded the Army Commendation Medal, with “V” Device; and the Purple Heart.

12.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command [now the Human Resources Command] has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H

14.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  For first award only, upon termination of service on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.

15.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the one bronze service star to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a
bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 




16.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 8, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO 42, 1972, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 4, dated 28 June 1968 shows his DOB as "17 March 1949."  Additional source documents show his DOB as "17 March 1949" and a review of his records consistently shows that he utilized "17 March 1949" as his DOB.  However, his DD Form 214 indicated his date of birth as "17 April 1949" which was incorrect.  It is noted that only the month of his DOB was incorrect in item 9 of his DD Form 214.  Therefore, he is entitled to correction of item 9 of his DD Form 214 to show his DOB as "17 Mar 49" instead of the entry "17 Apr 49."

2.  The evidence shows that the applicant held an infantry MOS and served as a rifleman and automatic rifleman, in MOS 11B, with Company B and D, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), while serving in Vietnam.  He served in active ground combat while assigned to an infantry unit.  The applicant was awarded the Army Commendation Medal, with "V" Device, for heroism in connection with military operation against a hostile force, and the Purple Heart for wounds received in connection with military operations against a hostile force, while serving as a rifleman, in Vietnam.  He is therefore entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

3.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that he did to disqualify himself from this award.  The applicant served on active duty for less than one year; however, he met the criteria for this award since for the first award only, upon termination of service, on or after 27 June 1950, qualifying service consists of less than one year when final separation was by reason of physical disability.  He is therefore eligible for award of the Good Conduct Medal for the period 28 June 1968 to 17 June 1969.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in the Vietnam Counteroffensive, Phase VI campaign; therefore, he is entitled to be awarded one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation at the time he was a member of the unit.  He is, therefore, entitled to correction of his records to show these unit awards.

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: 

      a.  showing the entry "17 Mar 49" in item 9 (Date of Birth) of his DD Form 214; and 

      b.  awarding the applicant the Combat Infantryman Badge; the Good Conduct Medal, for the period 28 June 1968 to 17 June 1969; one bronze service star for wear on his already-awarded Vietnam Service Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these awards to his DD Form 214.



      _________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)                                         AR20080004969



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080004969



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1