IN THE CASE OF:	

		BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090019672 


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 item 9 (Date of Birth) on his 
DD Form 214 (Report of Transfer or Discharge) for the period ending 
24 November 1972 to show he was born in 1945 instead of 1942 and item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show two awards of the Good Conduct Medal and two awards of the Army Commendation Medal (ARCOM).  He also requests his DD Form 214 be corrected to show duty assignments, his dates of service in Vietnam, and any awards and decorations to which he may be entitled. 

2.  The applicant states:

* he was born on 9 October 1945
* he went to Vietnam in 1967 and in 1970
* his duty assignments are not shown on his DD Form 214
* he received two awards of the ARCOM for his service in Vietnam
* upon his discharge in 1972 he was told he would receive a corrected 
DD Form 214 after he pointed out his DD Form 214 was incorrect
* he never received the corrected DD Form 214

3.  The applicant provides:

* DD Forms 214 for the periods ending 24 November 1972 and 13 December 1966
* birth certificate 

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 enlistment record, dated 10 February 1964, shows he was born on 9 October 1945.  He enlisted in the Arizona Army National Guard on 
10 February 1964 and was discharged on 17 August 1964 with a general discharge.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was born on 9 October 1945.

3.  The applicant's enlistment record, dated 23 November 1964, shows he was born on 9 October 1945.  He enlisted in the Regular Army on 23 November 1964 for a period of 3 years.  On 13 December 1966, he was honorably discharged for immediate reenlistment.  His DD Form 214 for the period ending 13 December 1966 shows he was born on 9 October 1945.       

4.  The applicant's enlistment record, dated 14 December 1966, shows he was born on 9 October 1942.  He reenlisted on 14 December 1966 for a period of 
6 years.  He arrived in Vietnam on 14 February 1967.  He served in military occupational specialty (MOS) 12B (combat engineer) assigned to Company A, 1st Engineer Battalion, 1st Infantry Division in Vietnam from 12 March 1967 through 10 September 1968.  He arrived in Vietnam on 26 September 1970.  He served in MOS 12B assigned to Company A, 19th Engineer Battalion in Vietnam from 7 October 1970 to 25 September 1971.  He served in Germany from 
28 November 1971 to 23 November 1972.  On 24 November 1972, the applicant was honorably discharged.     

5.  Item 9 on the applicant's DD Form 214 for the period ending 24 November 1972 shows the entry "9 OCT 42."  This DD Form 214 shows the National Defense Service Medal as an authorized award.  Item 30 (Remarks) does not show any dates of service in Vietnam. 


6.  Headquarters, 1st Infantry Division General Orders Number 5030, dated 
12 July 1967, show the applicant received the ARCOM for meritorious achievement on 29 May 1967. 

7.  Headquarters, 1st Infantry Division General Orders Number 9150, dated 
20 December 1967, show the applicant received the ARCOM with First Oak Leaf Cluster for meritorious achievement for the period 26 October 1967 to 
29 November 1967. 

8.  Headquarters, 27th Engineer Battalion (Combat) General Orders Number 
7, dated 2 March 1971, show the applicant received the first award of the Good Conduct Medal for the period 23 November 1964 to 22 November 1967.  These orders also show he received the second award of the Good Conduct Medal for the period 23 November 1967 to 22 November 1970.

9.  Records show the applicant participated in seven campaigns during his assignments in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the applicant's unit (1st Engineer Battalion) is entitled to award of the Meritorious Unit Commendation for actions during the period 3 June 1966 to 15 April 1967 based on Department of the Army General Orders (DAGO) Number 10, dated 1968.  This unit is entitled to a second award of the Meritorious Unit Commendation for actions during the period 16 May 1967 to 2 June 1968 based on DAGO Number 51, dated 1971.  This unit is also entitled to a third award of the Meritorious Unit Commendation for actions during the period 3 June 1968 to 5 June 1969 based on DAGO Number 50, dated 1971.   

11.  Department of the Army Pamphlet 672-3 shows the 1st Engineer Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 21, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows the 1st Engineer Battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.

13.  In support of his claim to amend his DOB, the applicant provided a birth certificate which shows he was born on 9 October 1945.

14.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

15.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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.  

16.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c (Foreign and/or Sea Service).  The regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea.  There is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence in this case shows the applicant was born on 
9 October 1945.  Therefore, it would be appropriate to correct item 9 on his 
DD Form 214 for the period ending 24 November 1972 to show this date.

2.  Orders show the applicant received the ARCOM with First Oak Leaf Cluster and two awards of the Good Conduct Medal.  Therefore, his DD Form 214 for the period ending 24 November 1972 should be corrected to show these medals.

3.  Although the applicant requests his DD Form 214 for the period ending 
24 November 1972 be corrected to show his duty assignments, the governing regulation states there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214.  

4.  Based on the applicant's service in Vietnam and participation in seven campaigns during his assignments in Vietnam, he is eligible for award of the Vietnam Service Medal with one silver service star and two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 for the period ending 24 November 1972 should be corrected to show these awards.  In addition, in accordance with the governing regulation, item 30 on this DD Form 214 should be corrected to show his inclusive dates of service in Vietnam.

5.  The applicant’s unit (1st Engineer Battalion) was awarded three awards of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 24 November 1972 should be corrected to show three awards of the Meritorious Unit Commendation.

6.  The applicant's unit (1st Engineer Battalion) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 24 November 1972 should be corrected to show these unit awards.

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:

	a.  deleting the entry "42" in item 9 on his DD Form 214 for the period ending 24 November 1972 and replacing it with "45";

	b.  adding the ARCOM with First Oak Leaf Cluster, two awards of the Good Conduct Medal, Vietnam Service Medal with one silver service star and two 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, and three awards of the Meritorious Unit Commendation to item 24 on his DD Form 214 for the period ending 24 November 1972; and

	c.  adding the entry, “Service in Vietnam:  14 February 1967 to 10 September 1968 and 26 September 1970 to 25 September 1971” in item 30 on this 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 amending his DD Form 214 for the period ending 24 November 1972 to show his duty assignments.  




      _______ _   _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)                                         AR20090019672



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ABCMR Record of Proceedings (cont)                                         AR20090019672



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