IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110002099 


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) to show his date of birth as 
20 December 1944.  He also requests that the Air Medal be added to his
DD Form 214.

2.  The applicant makes no additional statement.

3.  The applicant provides copies of his birth certificate, the front side of orders awarding the Air Medal, letter orders discharging him from the U.S. Army Reserve, and a letter from the National Personnel Records Center.

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 DD Form 47 (Record of Induction), dated 27 July 1965, shows the applicant's date of birth as 21 December 1944.  Section IX (Disposition of Inductee by Armed Forces) indicates that he was found acceptable for military service and was to be inducted into the U.S. Army.

3.  A Standard Form 88 (Report of Medical Examination), dated 28 July 1965, indicates that the applicant underwent a pre-induction medical examination.  His date of birth on this form is shown as 21 December 1944.

4.  On 20 April 1966, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  On 15 September 1966, the applicant was assigned to Company E, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, located at Fort Riley, Kansas.

6. The applicant was assigned to the Republic of Vietnam (RVN) for duty as a scout observer from 12 December 1966 to 1 December 1967.

7.  While assigned to the RVN General Orders Number 6071, 9th Infantry Division, dated 8 November 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 24 February to 28 July 1967.

8.  On 19 April 1968, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4, and completed 2 years of creditable active service.

9.  The applicant's DD Form 214 shows in:

	a.  Item 9 (Date of Birth) 21 December 1944; and

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal
* Army Commendation Medal
* Purple Heart
* National Defense Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

10.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 6 (Date of Birth) 21 December 1944;

	b.  Item 38 (Record of Assignments) all "excellent" conduct and efficiency ratings.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing the commander took any action to deny him the Army Good Conduct Medal; and

	c.  Item 41 (Awards and Decorations) the same awards as those listed on his 
DD Form 214.

11.  The certificate of birth that was provided by the applicant was issued on 
23 January 2008 and it shows his date of birth as 20 December 1944.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase II and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Battalion, 39th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 31, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation and in DAGO Number 59, dated in 1969 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  

15.  Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  It provided that the Soldier's date of birth would be entered in Item 6 of the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show his date of birth as 20 December 1944.  He also requests that the Air Medal be added to his 
DD Form 214.

2.  The evidence of record clearly shows the applicant was inducted into the Army of the United States, he served a period of 2 years, and he was honorably released using the date of birth currently recorded in his military records and on his DD Form 214.  The fact that he now desires a change to the date of birth for personal reasons is not a sufficiently mitigating factor that warrants granting the requested relief.

3.  For historical purposes the Army has an interest in maintaining the integrity of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

4.  In view of the foregoing, there is no basis for granting the applicant's request to change the date of birth recorded on his DD Form 214.  However, a copy of this Record of Proceedings will be filed in the applicant's Official Military Personnel File and may serve to clarify any questions concerning the differences in his date of birth.

5.  General Orders show the applicant was awarded the Air Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

6.  The applicant’s records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist four, receiving the Air Medal and Army Commendation Medal, and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that due to an oversight the Army Good Conduct Medal was not awarded to him.  Accordingly, he should be awarded it now and his DD Form 214 should be corrected to show this medal.

7.  Records show the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for two bronze service stars to be affixed to his Vietnam Service Medal and his DD Form 214 should be corrected to show these bronze service stars.

8.  Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign 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.  awarding him the Army Good Conduct Medal for the period 20 April 1966 to 19 April 1968;

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star; and

	c.  adding the following awards to the awards already shown in Item 24 of his DD Form 214:

* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal Fist Class Unit Citation

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 changing the applicant's 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)                                         AR20110002099



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002099



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1