IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100018432
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:
* show his date of birth (DOB) as 11 December 1941 instead of 11 December 1964
* add award of the Combat Medical Badge and any other awards he earned
2. The applicant states his DOB is listed incorrectly and his Combat Medical Badge was omitted.
3. The applicant provides his DD Form 214.
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's records show he was born on 11 December 1941.
3. His records show he was appointed as a Reserve second lieutenant and executed an oath of office on 5 June 1964. He completed the Field Medical Assistant training course on 15 July 1964.
4. He was ordered to active duty on 8 August 1964 and served in the Republic of Vietnam from 16 September 1965 to 1 August 1966. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 28th Infantry.
5. On 24 November 1965, Headquarters, 1st Infantry Division, published Special Orders Number 287 awarding him the Combat Medical Badge.
6. He was honorably released from active duty on 11 August 1966 to the control of the U.S. Army Reserve Control Group. Item 6 (DOB) of his DD Form 214 shows the entry "11 DEC 64." Additionally, item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Vietnam Service Medal, National Defense Service Medal, and Vietnam Campaign Medal.
7. Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.
8. Headquarters, Department of the Army General Orders (DAGO) awarded the 2nd Battalion, 28th Infantry, the following awards:
* DAGO Number 20, dated 1967, the Valorous Unit Award for service on 5 March 1966
* DAGO Number 21, dated 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968
* DAGO Number 53, dated 1970, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for service from 1 October 1965 to 7 April 1970
9. Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in three campaigns during his tour of duty in the Republic of Vietnam as follows: Vietnam Defense Campaign (8 March to 24 December 1965), Vietnam Counteroffensive (25 December 1965 to 30 June 1966), and Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was born on 11 December 1941. His DD Form 214 inadvertently listed his year of birth as 1964, the same year he was appointed as a commissioned officer. Therefore, he is entitled to correction of his DD Form 214 to show the correct DOB.
2. Special orders awarded him the Combat Medical Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
3. Special orders awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
4. General orders awarded his unit the Valorous Unit Award, 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 the unit; therefore, he is entitled to correction of his records to show these unit awards.
5. The evidence of record shows he was awarded the Vietnam Service Medal. Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of three bronze service stars to be affixed to his already-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:
* Deleting from item 6 of his DD Form 214 the entry ""11 DEC 64" and adding the entry "11 DEC 41"
* Adding to item 26 of his DD Form 214 the:
* Combat Medical Badge
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars 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) AR20100018432
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100018432
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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