IN THE CASE OF:	  

		BOARD DATE:	    21 October 2010

		DOCKET NUMBER:  AR20100011702 


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 his records be corrected to reflect his date of birth (DOB) as 11 October 1948 and to reflect his period of service in the Republic of Vietnam (RVN) as 5 January 1970 through 8 January 1971.

2.  The applicant states, in effect, he believes clerical error is to blame. 

3.  The applicant provides a copy of his birth certificate which shows his DOB as 11 October 1948, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  A copy of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he initially enlisted in the Delayed Entry Program (DEP) on 28 July 1969, for a period of 6 years.  He was discharged from DEP status on 13 August 1969 and enlisted in the Regular Army on 14 August 1969 for a period of 3 years.  Item 21 (Date of Birth) shows an erroneous date of birth as 28 July 1948.

3.  The applicant provided a copy of a birth certificate which lists his DOB as 11 October 1948.  His records also contain the following documents which list his DOB as shown:

* DD Form 369 (Armed Forces Police Record Check), dated 18 August 1969 – DOB 11 October 1948
* DD Form 1584 (National Agency Check Request), dated 18 August 
   1969 – DOB 11 October 1948
* DA Form 428 (Application for Identification Card), dated 20 August 
   1969 – DOB 11 October 1948

4.  A copy of Special Orders (SO) Number 159, Armed Forces Examining and Entrance Station, Minneapolis, MN, dated 14 August 1969 order the applicant to active duty on 14 August 1969.

5.  A copy of his DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he served a tour of duty in the RVN during the period 5 January 1970 through 8 January 1971.  He was assigned to Headquarters and Headquarters Company (HHC), U.S. Army Support Command (USASUPCOM), Cam Ranh Bay (CRB) with duty as a warehousemen.  

6.  A copy of SO Number 4, Headquarters, VII Corps, dated 7 January 1971, show the applicant proceeding on permanent change of station (PCS) from Vietnam and reporting to U.S. Army Europe (USAREUR) on 9 January 1971.

7.  A copy of the applicant’s DD Form 214 shows the following entries:

* Item 9 (DOB) 10 November 1948
* Item 17c (Date of Entry) 14 September 1969
* Item 22 a(1) (Net Service This Period)  “2 years, 6 months, and 24 days”
* Item 22 a(2) (Other Service) “0 Years, 0 months, and 0 days”
* Item 22 a(3) (Total) “2 years, 6 months, and 24 days”
* Item 30 (Remarks) RVN  5 January 1970 – 4 January 1970

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and one overseas service bar.  This form also shows he was honorably released from active duty (REFRAD) on 7 December 1971, and transferred to the U.S. Army Reserve Control Group (Annual Training).

9.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  The applicant's record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  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. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973 for service in Vietnam.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during the applicant's assignment to the HHC USASUPCOM during the period 5 January 1970 through 8 January 1971, his unit was awarded the Meritorious Unit Commendation for the period 1 January 1970 to 31 December 1970 by Department of the Army General Orders 43, dated 1972.   

14.  Army Pamphlet 672-3 also lists the unit awards and campaign periods for the Vietnam era.  Three designated campaigns coincide with the applicant's period of service in the RVN:

* Vietnam Winter- Spring 1970 (1 November 1969 – 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971)

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

16.  Army Regulation 635-5 (Separation Documents) prescribes the documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the separations document regulation also contains DD Form 214 preparation instructions.  The version of the regulation in effect at the time of the applicant's separation stated that the DA Form 20 and documents contained in the MPRJ would be the information source for entries on the DD Form 214.  The instructions for Item 17c would be the date the member entered that particular period of service.  Instructions for Item 22a (1) stated that the period of service entered would be the total completed during the period covered by the DD Form 214 (from date of entry (Item 17c) through effective date (Item 11d)).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DOB and his period of service in Vietnam was carefully considered and was found to have merit. 

2.  The applicant’s record contains at least three official documents which lists his DOB as 11 October 1948.  The date entered on his DD Form 4 and on his DD Form 214 is incorrect.  Accordingly, his DD Form 214 should be corrected to show that his DOB is 11 October 1948 instead of 10 November 1948 as currently reflected on this document.

3.  A review of the applicant’s record revealed that the date of entry as currently reflected in item 17c of his DD Form 214, is incorrect.  He enlisted in the Regular Army on 14 August 1969.  A copy of SO show he was ordered to active duty on that same day.  Therefore, his record should be corrected to show his date of entry as 14 August 1969 instead of 14 September 1969 as currently reflected on his DD Form 214. 

4.  His DD Form 214 shows in item 22 a(1) shows “2 years, 6 months, and 
24 days.” As a result of the correction to his date of entry, it should reflect
“2 years, 7 months, and 25 days.”  Item 22 a(2) shows, “0 years, 0 months, and
0 days.”  The record of evidence shows the applicant enlisted in the DEP on 
28 July 1969, and was discharged on 13 August 1969 to enlist in the Regular Army.  As a result, his record should be corrected to show “0 years, 0 months, and 17 days.”  Item 22a (3) shows, “2 years, 6 months, and 24 days;” it should show “2 years, 8 months, and 11 days. 
5.  His records confirm he served a complete tour of duty in the RVN during the period 5 January 1970 through 8 January 1971.  As a result, item 30 of his DD Form 214 should be amended to show this period of service.  

6.  The applicant’s record confirms he served honorably during the period 
14 August 1969 through 7 April 1972.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his records to show this award.

7.  General Orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation during the applicant's assignment in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

8.  General Orders awarded the applicant’s unit the Meritorious Unit Commendation during his tour of duty in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
 
9.  The applicant was previously awarded of the Vietnam Service Medal which is shown on his DD Form 214.  His records also show he participated in three campaigns while serving in Vietnam.  He is entitled to award of three bronze service stars for wear on the previously-awarded Vietnam Service Medal.

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 DD Form 214 as follows:  

   a.  Item 9 (Date of Birth) deleting the entry 10 November 1948 and replacing it with 11 October 1948;
   b.  Item 17c (Date of Entry) deleting the entry 14 September 1969 and replacing it with14 August 1969;

	c.  Item 22a(1) (Net Service This Period) deleting the entry “2 years,
6 months, and 24 days” and replacing it with “2 years, 7 months, and 25 days”;

   d.  Item 22a(2) (Other Service) deleting the entry, “0 years, 0 months, and\
0 days” and replacing it with “0 years, 0 months, and 17 days”;
   
   e.  Item 22a(3) (Total) deleting the entry, “2 years, 6 months, and 24 days” and replacing it with “2 years, 8 months, and 11 days;
   
   f.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):
   
1. awarding him the Army Good Conduct Medal (First Award) for the period 14 August 1969 through 7 April 1972,

2. deleting the Vietnam Service Medal from item 24, and

3. adding the following to item 24:

* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation; and 
	
   g.  Item 30 (Remarks) deleting the entry “RVN 5 JAN 1970 - 4 JAN 1970” and replacing it with “RVN 5 JAN 1970 - 8 JAN 1971.”



      _______ _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)                                         AR20100011702



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ABCMR Record of Proceedings (cont)                                         AR20100011702



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