IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011162 


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 correct date of birth (DOB), the correct number of bronze service stars with his Vietnam Service Medal (VSM), and all awards to which he is entitled.

2.  The applicant states awards and bronze service stars were omitted from his DD Form 214 at the time of his discharge.

3.  The applicant provides copies of a:

* DD Form 214
* Certificate of Birth
* DA Form 20 (Enlisted Qualification Record)

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 Official Military Personnel File (OMPF) contains a DD Form 47 (Record of Induction) prepared during the induction process.  It contains the entry "13 July 1942" in item 5 (Date of Birth).

3.  His DA Form 20 contains the entry "13 Jul 42" in item 6 (Date of Birth).  All of the documents contained in the applicant's OMPF list his DOB as 13 July 1942, and there are no documents that list it differently, with the exception of his DD Form 214.

4.  His DA Form 20 shows he served in the Republic of Vietnam (RVN) from 8 September 1966 to 3 September 1967.  It also shows that during this tour he was assigned with Company D, 27th Engineer Battalion.

5.  On 16 February 1968, the applicant was honorably released from active duty after completing 2 years of active service.  The DD Form 214 issued him shows in:

   a.  Item 9 the entry "13 Apr 42."

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he earned the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* VSM
* RVN Campaign Medal
* One Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

	a.  Paragraph 2-13 contains guidance on the VSM and states that a bronze service star is authorized with this award for participation in each Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.

a.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

   b.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (Co D, 27th Engineer Battalion) earned the Meritorious Unit Commendation (MUC) and RVN Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation.  

9.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should reflect his correct DOB and all awards to which he is entitled.

2.  The evidence of record confirmed the applicant's DOB was listed as 13 July 1942 during his induction processing and upon his entrance.  This is the same DOB listed on the majority of all documents maintained in his OMPF and the Certificate of Birth he now provides.  Accordingly, item 9 of his DD Form 214 should be corrected at this time to show the entry "13 Jul 42."

3.  The evidence of record confirms, based on the applicant's service and campaign participation in the RVN, he is entitled to 2 bronze service stars with his already-awarded VSM.  He is also authorized the MUC, RVNCAHM with First Class Unit Citation, RVNGC with Palm Unit Citation, and two Overseas Service Bars instead of one.  Accordingly, it would be appropriate to add all of these awards to his DD Form 214.

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 by:

   a. deleting the current entry in item 9 and replacing it with the entry "13 Jul 42";

   b.  amending Item 24 of his DD Form 214 by deleting the current entry and replacing it with the following awards:
   
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* two overseas service bars

	c.  issuing him a correction to his DD Form 214 to show these changes.

      
      
      
      _______ _   __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)                                         AR20110011162





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ABCMR Record of Proceedings (cont)                                         AR20110011162



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