IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080006767
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 date of birth and the Vietnam Service Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his date of birth was not entered on his DD Form 214, and he was sent on several missions to Vietnam.
3. The applicant provides his DD Form 214; a Certificate of Vital Record; and a copy of his Texas Driver License.
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 applicants 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 applicants 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 on 3 April 1968. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) is not available; however, his DA Form 20 (Enlisted Qualification Record) and several other documents in his records show his date of birth as 4 September 1944. He provided a Certificate of Vital Records that shows he was born on 4 September 1944.
3. The applicant was assigned to the U. S. Army Security Agency Field Station, Sobe, Okinawa, from on or about 15 September 1968 through 12 March 1971.
4. There is no evidence of record to show the applicant performed duties in Vietnam.
5. The applicant was honorably released from active duty on 29 March 1972. Item 9 (Date of Birth) on his DD Form 214 is blank. His DD Form 214 shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
6. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
DISCUSSION AND CONCLUSIONS:
1. Item 9 of the applicants DD Form 214 should be amended to add his date of birth of 4 September 1944.
2. There is no evidence of record and the applicant provides no evidence (such as morning reports or travel vouchers) to show he performed any duty in Vietnam. Regrettably, there is insufficient evidence on which to base adding the Vietnam Service Medal to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ __xx____ ___xx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 9 of his DD Form 214 to add his date of birth of 4 September 1944.
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 adding the Vietnam Service Medal to his DD Form 214.
_______ _ xxxx_____ ___
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) AR20080006767
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ABCMR Record of Proceedings (cont) AR20080006767
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