IN THE CASE OF:	  

		BOARD DATE:	    26 October 2010

		DOCKET NUMBER:  AR20100011714 


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 8 November 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth as 15 September 1948 vice 5 January 1947.  Additionally, he requests the award of the Combat Infantryman Badge (CIB).

2.  The applicant states the award of the CIB is not listed on his DD Form 214.

3.  The applicant provides a copy of his birth certificate, driver's license, and passport.

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 military records show he enlisted in the Regular Army on
12 November 1965.  After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty on 8 November 1968.

3.  Item 9 (date of birth) of the applicant's DD Form 214 lists his date of birth as 
5 January 1947.

4.  Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  National Defense Service Medal, Parachutist Badge, Vietnam Campaign Medal, Vietnam Service Medal, Army Commendation Medal, and Purple Heart.  The applicant's military service records do not contain any orders awarding him the CIB.

5.  The applicant's birth certificate, driver's license, and passport list his date of birth as 15 September 1948.

6.  Numerous documents contained in the applicant's record, such as his Enlistment Record, DA Form 20 (Enlisted Qualification Record), DA Form 3027 (US Army Request for National Agency Check), and Standard Form 89 (Report of Medical Examination), show his date of birth as 5 January 1947.

7.  The applicant’s DA Form 20 shows he served in the Republic of Vietnam (RVN) on two separate occasions:  20 May 1966 to 23 May 1967 and 
14 February 1968 to 14 June 1968.  Item 38 (Record of Assignments) lists the effective date of his assignment, the duty MOS, the principal duty, and the organization during his assignments in the RVN.  During the applicant's first tour from 20 May 1966 to 23 May 1967 he served as an 11B, Rifleman, assigned to Company B, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division.  During his second tour from 14 February 1968 to 14 June 1968 he served as an 11B, Gunner, assigned to Company C, 2nd Battalion, 505th Infantry.    

8.  General Orders Number 20, dated 30 December 1966, show the applicant was awarded the Purple Heart for wounds received in action in the RVN on
28 December 1966.

9.  Army Regulation 601-210 (Regular Army Enlistment Program), in effect at the time, provided, in pertinent part, that the age of all applicants will be verified from evidence submitted or from official records.  Applicants will be required to present birth certificates or statements from the State Registrar of Vital Statistics or other similar State official, or must have such information recorded in an official record.

10.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 

11.  A review of the applicant's DD Form 214 indicates he is entitled to additional awards that are not shown on this form.

12.  General Orders Number 2592, dated 22 May 1967, awarded the applicant the Air Medal for meritorious achievement while participating aerial flight during the period May 1966 to May 1967.

13.  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 that the 1st Battalion, 8th Calvary Regiment, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 59, dated 1969.  Company B, the applicant's company, was also cited for the award of the Presidential Unit Citation by DAGO Number 2, dated 1973.  Additionally, during the applicant's second tour, 2nd Battalion, 505th Infantry, to which the applicant was assigned, was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971.

14.  Appendix B of Army Regulation 600-8-22 shows the applicant participated in four campaigns during his tour of duty in Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  Documents contained in the applicant's records such as his Enlistment Record, Standard Form 89, and DA Form 3027, show his date of birth as            5 January 1947.  It appears he used 5 January 1947 as his date of birth throughout his military career.

2.  The Army has an obligation to maintain records as they were constituted at the time of creation for historical purposes.  The fact that the applicant is now submitting documents showing a different date of birth is not sufficient justification to change his military records as they were originally constituted.  However, the applicant should be aware that a copy of this Record of Proceedings will be included in his official military personnel file to show he now lists his date of birth as 15 September 1948.

3.  Evidence of record shows the applicant was assigned as an 11B, rifleman, with Company B, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division during his first tour in Vietnam (20 May 1966 to 23 May 1967).  His award of the Purple Heart for wounds received in action on 28 December 1966 verifies his engagement in ground combat.  Therefore, he met the requirements and is entitled to award of the CIB. 

4.  Orders verify the applicant is entitled to correction of his records to show award of the Air Medal.

5.  Evidence of record shows that the applicant's unit(s) was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for achievements during his period of assignment.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  Additionally, evidence shows the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of four bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 from item 24 of his DD Form 214 the Vietnam Service Medal;
   b.  awarding him the CIB; and

	c.  adding to item 24 of his DD Form 214 the Air Medal, Combat Infantryman Badge, Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with four bronze service stars.

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 correcting his date of birth.



      _______ _   _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)                                         AR20100011714





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011714



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1