IN THE CASE OF:	  

		BOARD DATE:	  12 November 2008

		DOCKET NUMBER:  AR20080014070 


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 place of birth (POB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show "ST. JOSEPH MO" (Missouri) instead of "ST. JOSEPH MS" (Mississippi); that his home of record be corrected to show "Gower MO" instead of "Grower MO"; and to show he was awarded the Bronze Star Medal.

2.  The applicant states, in effect, that his DD Form 214 contains errors which involves his POB and his HOR.  He also states the Bronze Star Medal was omitted from his DD Form 214.  

3.  The applicant provides a copy of his Notification of Birth Registration, a copy of orders awarding him the Bronze Star Medal, and a copy of his DD Form 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 was inducted on 20 March 1968.  He was trained as a medical specialist in military occupational specialty (MOS) 91B.  He was promoted to sergeant (SGT/E-5) effective 21 August 1969.  

3.  The applicant served in Vietnam from 26 February 1969 through 20 February 1970.  He served until he was honorably released from active duty on 23 February 1970. 

4.  Item 8 (Place of Birth), of the applicant's DD Form 214 shows his POB as "ST. JOSEPH MS" which is incorrect.

5.  Item 11 (Place of Birth), of the applicant's DD Form 47 (Record of Induction) shows his POB as "St. Joseph, Missouri."

6.  Item 20 (Birthplace and Citizenship), of the applicant's DA Form 20 Enlisted Qualification Record) shows his POB as "St. Joseph MO."

7.  The applicant provides a copy of his Notification of Birth Registration from the Department of Commerce-Bureau of the Census which shows his POB as St. Joseph, Missouri.  The date of issue of this document is unknown.

8.  Item 21 (Home of Record at Time of Entry Into Active Service) of the applicant's DD Form 214 shows his HOR as "Grower MO" which is incorrect.

9.  Item 3a (Current Address) of the applicant's DD Form 47 shows the entry "Gower, Missouri."

10.  The applicant's records contain a copy of his separation orders which show his mailing address as "Gower MO."

11.  The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.

12.  The applicant provided a copy of orders awarding him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period February 1969 through February 1970.  This award is not shown on his DD Form 214.


13.  Item 38 (Record of Assignments) of the applicant's 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.

14.  The applicant’s DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars 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. 

15.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 48, dated 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974, while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The copy of the applicant's Notification of Birth Registration issued by the Department of Commerce, which is undated, shows his POB as St. Joseph, Missouri.  Additional source documents in his military personal file also show his POB as "St. Joseph, Missouri.  It is apparent that the state abbreviation for Missouri (MO) was entered incorrectly.  Therefore he is entitled to correction of item 8 (Place of Birth) of his DD Form 214 to show the entry "ST. JOSEPH MO." 

2.  The applicant's DD Form 214 shows his HOR as "Grower MO" which is incorrect.  Additional source documents located in the applicant's military personnel file show his home of record and mailing address at the time of separation as "Gower MO."  It is apparent that the name of the city was spelled incorrectly and the state abbreviation for "MO" was entered incorrectly.   Therefore he is entitled to correction of item 21 (Home of Record at Time of Entry Into Active Service) of his DD Form 214 to show the entry "GOWER MO."

3.  The evidence of record shows that the applicant was awarded the Bronze Star Medal.  He is therefore entitled to correction of his records to show this award.



4.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself for this award.  He is therefore eligible for award of the Good Conduct Medal for the period 20 March 1968 through 23 February 1970.

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  However, he participated in two campaigns and he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant's unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation at the time he was a member of the unit.  Therefore, he is 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 "ST. JOSEPH MO" in item 8 of his DD Form 214; 

	b.  showing the entry "GOWER MO" in item 21 of his DD Form 214; 

	c.  adding the already-awarded Bronze Star Medal to the applicant's DD Form 214; and





	d.  awarding the applicant the Army Good Conduct for the period 20 March 1968 through 23 February 1970, the Vietnam Service Medal with two bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20080014070



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ABCMR Record of Proceedings (cont)                                         AR20080014070



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