IN THE CASE OF:	

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090014567 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his place of birth as "Lewiston" instead of "Lewiaton" and by adding all individual and unit awards and decorations he is authorized. 

2.  The applicant states, in effect, his place of birth is spelled incorrectly on his DD Form 214 and that his DD Form 214 does not contain all of his awards and decorations. 

3.  The applicant provides in support of his request a copy of his DD Form 214, dated 7 January 1969.

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 records show he was inducted into the Army of the United States on 4 May 1967.  Item 11 (Place of Birth) of his DD Form 47 (Record of Induction) shows his place of birth as "Lewiston, Maine."  He completed the training requirements and he was awarded military occupational specialty 55B (Ammunition Storage Specialist). 

3.  The applicant's records also show he was honorably released from active duty on 7 January 1969 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows the following entries:

	a.  Item 8 shows his place of birth as "Lewiaton, Maine."

	b.  Item 11c (Reason and Authority) shows, in pertinent part, that he was an overseas returnee. 

	c.  Item 12 (Last Duty Assignment and Major Command) shows at the time of separation, he was assigned to Headquarters, U.S. Army Support Command.

	d.  Item 22c (Foreign and/or Sea Service) shows he completed 11 months and 29 days.

	e.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal. 

4.  The applicant's record is void of the DA Form 20 (Enlisted Qualification Record), which would have shown his record of assignments; awards, decorations, and badges; and conduct and efficiency rating.

5.  The applicant's record is void of any general or special orders that indicate he is authorized any other awards and/or badges.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to Headquarters, U.S. Army Support Command, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service, based on DAGO Number 8, dated 1974.


7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during the applicant's tenure of service in the Republic of Vietnam he participated in the following campaigns:  Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968); TET Counteroffensive (30 January 1968 to 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968); and Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  Item 8 shows the Soldier's place of birth (city/town and state). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be amended to show the correct spelling of his place of birth and all his authorized awards and decorations. 

2.  With respect to the applicant's place of birth, the evidence of record shows the applicant's place of birth as" Lewiston, Maine."  However, when his DD Form 214 was prepared, his place of birth was incorrectly listed as Lewiaton, Maine.  Therefore, he is entitled to correction of his DD Form 214 to show the correct spelling of his place of birth.

3.  The evidence of record shows the applicant completed 11 months and 29 days of foreign service.  He was separated as an overseas returnee on 7 January 1969 and his last assignment prior to separation was Headquarters, U.S. Army Support Command.  It is therefore reasonable to presume he served in Vietnam from on or about 6 January 1968 to on or about 6 January 1969.  

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, based on his presumed period of service in Vietnam, he participated in five campaigns while serving in the Republic of Vietnam, which are not shown on his records.  Therefore, he is entitled to award of a silver service star for wear on his already-awarded Vietnam Service Medal.



5.  General orders awarded the applicant’s unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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.  deleting from item 8 of his DD Form 214 the entry "Lewiaton, Maine" and adding the entry "Lewiston, Maine"; and

	b.  adding to item 26 of his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a silver service star to be affixed to his already-awarded Vietnam Service Medal. 



      _______ _  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)                                         AR20090014567



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ABCMR Record of Proceedings (cont)                                         AR20090014567



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