IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20080017646
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 birth date be changed and that the Army Good Conduct Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that his birth date is 30 July 1950 and the Army Good Conduct Medal should be shown on his DD Form 214.
3. The applicant provides a copy of Headquarters, V Corps, General Orders Number 312 awarding him the Army Good Conduct Medal.
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 was inducted on 18 August 1970. Both the DD Form 47 (Record of Induction) and the DD Form 398 (Statement of Personal History), which he signed, as well as all other service record documents show his birth date as 30 June 1950.
3. He completed training as a combat engineer. He served briefly at Fort Leonard Wood, MO and in Europe from 8 March 1971 to 12 March 1972.
4. Headquarters, V Corps, General Orders Number 312, dated 1 March 1972, awarded him the Army Good Conduct Medal.
5. The applicant returned to the United States and, on 25 March 1972 he was released from active duty early as an overseas returnee. He was transferred to the Army Reserve Control Group (Annual Training) in pay grade E-3.
6. His DD Form 214 shows his authorized awards as the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that his birth date is 30 July 1950 and the Army Good Conduct Medal should be shown on his DD Form 214.
2. The applicant was awarded the Army Good Conduct Medal and it should be shown on his DD Form 214.
3. There is no available evidence that the applicant's birth date is 30 July 1950. That part of his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X __ ____X __ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Good Conduct Medal to his DD Form 214.
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 changing his date of birth.
_______ _ 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.
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