IN THE CASE OF:	

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090012198 


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 5 July 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth as 14 April 1943 and that he was awarded the Purple Heart with two Oak Leaf Clusters.

2.  The applicant states, in effect, the date of birth on his 5 July 1968 DD Form 214 is incorrect and that he was awarded three Purple Hearts.  

3.  The applicant provides copies of his birth certificate and DD Forms 214 issued on 29 May 1965 and 5 July 1968.

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 enlisted in the Regular Army and entered active duty on 31 May 1962.  His DD Form 4 (Enlistment Record-Armed Forces of the United) lists his date of birth as 14 April 1943.  He was separated in the rank of sergeant, on 
29 May 1965, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  On 6 July 1965, he enlisted again and the DD Form 4 that was prepared shows his date of birth as 16 April 1943.  His second enlistment included service in Vietnam from 27 December 1965 to 13 September 1966.  He served as a Team Leader with C Company, 1st Battalion, 16th Infantry.

4.  On 19 February 1966, Headquarters, 1st Infantry Division published General Orders Number 328 awarding the applicant the Purple Heart for wounds sustained in action on 14 February 1966.

5.  General Orders Number 946, dated 11 June 1966, issued by Headquarters, 1st Infantry Division, awarded him the Purple Heart (First Oak Leaf Cluster) for wounds sustained on 19 April 1966.

6.  On 11 July 1966, Headquarters, 3rd Field Hospital issued General Orders Number 38 awarding the applicant the "Purple Heart (Oak Leaf Cluster)" for wounds sustained on 10 July 1966.  The order also specified "(Third Award)."

7.  On 15 September 1967, the applicant qualified with the M-14 Rifle for the Expert Marksmanship Qualification Badge with Rifle Bar. 

8.  The applicant was discharged in the rank of staff sergeant, due to expiration of term of service, on 5 July 1968.  His final DD Form 214 lists his date of birth as 16 April 1943.  His awards are shown as the Expert [Expert Marksmanship Qualification Badge with Rifle Bar], Vietnam Service Medal, Purple Heart, Purple Heart with 1st Oak Leaf Cluster, Combat Infantryman Badge, National Defense Service Medal, Drill Sergeant Identification Badge, and the Army Good Conduct Medal.

9.  The birth certificate that the applicant submitted with this application verifies that his date of birth is 14 April 1943.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  
11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he served during three campaign periods.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned 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 by Department of the Army General Order (DAGO) Number 21, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970.

13.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal orders for any personal decorations for the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his second DD Form 214 should be corrected to show his correct date of birth and that he was awarded the Purple Heart with two Oak Leaf Clusters.  

2.  The DD Form 4 that was prepared during the applicant's second enlistment appears to contain a typographical error that was duplicated on his DD Form 214 that was issued on 5 July 1968.  Therefore, his DD Form 214 should be corrected to show his correct date of birth as 14 April 1943.

3.  The applicant was wounded in action on three separate occasions and was awarded the Purple Heart for each.  

4.  The applicant is authorized three bronze service stars for wear on the Vietnam Service Medal.  He is also authorized the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  All of the applicant's awards should be properly listed on his 5 July 1968
DD Form 214.

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 amending his 5 July 1968 DD Form 214 as follows:

	a.  deleting the current date of birth from block 9 and adding "14 APR 43"; and

	b.  deleting the awards currently shown in block 24 and adding the "Purple Heart with two Oak Leaf Clusters, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Drill Sergeant Identification Badge, Expert Marksmanship Qualification Badge with Rifle Bar."




      _______ _   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)                                         AR20090012198



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ABCMR Record of Proceedings (cont)                                         AR20090012198



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