IN THE CASE OF:
BOARD DATE: 23 February 2010
DOCKET NUMBER: AR20090015676
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 (DOB) be changed to 26 January 1950 vice 1 January 1950. He also requests award of the Army Commendation Medal with V Device.
2. The applicant states he was "pending other and denied a Purple Heart."
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.
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 requests award of the Army Commendation Medal with V Device. However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms award of this personal decoration. In the absence of authority for this award, he may request award of the Army Commendation Medal with V Device under the provisions of Title 10, U.S. Code, section 1130. The applicant has been notified by separate correspondence of the procedures for applying for this award under Title 10, U.S. Code, section 1130. As a result, the request for award of the Army Commendation Medal with V Device will not be discussed further in these Proceedings.
3. The applicant enlisted in the Regular Army (RA) on 29 September 1969 for a period of three years. His DD Form 4 (Enlistment Contract) shows his DOB as 26 January 1950.
4. His DA Form 20 (Enlisted Qualification Record) shows his DOB as 26 January 1950.
5. The applicant was honorably released from active duty on 21 January 1972. Item 9 (DOB) of his DD Form 214 shows the entry "1 JAN 50."
DISCUSSION AND CONCLUSIONS:
Documents filed in the applicants service personnel records show his DOB as 26 January 1950; however, his DD Form 214 incorrectly reflects his DOB as
1 January 1950. Therefore, there is sufficient evidence as a basis to correct the applicants DD Form 214 to show his DOB as 26 January 1950.
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 deleting from item 9 of his DD Form 214 the entry "1 JAN 50" and replacing it with the entry "26 JAN 50."
___________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) AR20090015676
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090015676
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060002238C070205
Stone | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal with “V” Device under the provisions of Section 1130 of Title 10, United States Code. Therefore, he is entitled to award of the Army Good Conduct Medal, and correction of his military records to show the Army Good Conduct Medal for the period...
ARMY | BCMR | CY2008 | 20080010114
The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal with Two Bronze Service Stars, the Republic of Vietnam Campaign Medal with 1960 Device, and the Expert Marksmanship Qualification Badge with M-16 Rifle Bar. Additionally, there are no orders in the applicant's military records which awarded him any level of the Army Commendation Medal. However, as...
ARMY | BCMR | CY2011 | 20110006626
Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Parachutist Badge, and the Combat Infantryman Badge. Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly. With respect to the Bronze Star Medal with "V" Device, his...
ARMY | BCMR | CY2011 | 20110014498
However, they required official documentation, such as general orders assigning him personally to flying duties in Vietnam, DA Form 759-1 (Individual Flight Record and Individual Flight Certificate-Army), or USARV Form 131-R (Awards and Qualification Record) (Air Medal). Without copies of his flight records they could not award him the Air Medal. As he was previously advised by HRC, Awards and Decorations Branch, he must provide documentation, to include general orders assigning him...
ARMY | BCMR | CY2014 | 20140021311
The applicant requests, in effect, correction of his: * DD Form 214 (Report of Separation from the Armed Forces of the United States) dated 18 July 1951 to show he was: * discharged in Sasebo, Japan as a member of Company B, 1st Battalion, 27th Regimental Combat Team (RCT) (Wolfhounds), under the 25th Infantry Division that crossed the Han River in Korea on 7 March 1951 * awarded the Presidential Unit Citation (PUC) while attached to the 25th Infantry Division * awarded the Distinguished...
ARMY | BCMR | CY2011 | 20110025135
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show all of the awards he may be entitled to receive including the Bronze Star Medal with "V" Device, Army Commendation Medal, Korea Defense Service Medal, and Silver Star. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during...
ARMY | BCMR | CY2006 | 20060014292
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2007 DOCKET NUMBER: AR20060014292 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all...
ARMY | BCMR | CY2005 | 20050002200C070206
The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal with "V" Device because he received the award while serving in Vietnam, but it is not on shown on his discharge document that was issued at the time of his retirement from the U.S. Army on 31 December 1986. Evidence of record shows that the applicant's DD Form 214 was corrected to show award of the Army Commendation Medal with "V" Device on 26 January 2005. Evidence shows that the...
ARMY | BCMR | CY2009 | 20090012365
The applicant requests award of the Purple Heart, the Bronze Star Medal with "V" Device, and the Good Conduct Medal, and correction of his DD Form 214 (Report of Separation from Armed Forces of the United States) to show these awards. Counsel requests the applicant be awarded the Purple Heart, the Bronze Star Medal with "V" Device, and the Good Conduct Medal, and correction of his DD Form 214 to show these awards. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2014 | 20140004366
Application for correction of military records (with supporting documents provided, if any). General orders awarded the unit to which he was assigned while in Vietnam the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214 the ARCOM *...