IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110021886
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 records to show his birth year as 1941 instead of 1939 and award of the National Defense Service Medal (NDSM).
2. The applicant states:
* his birth year is erroneously listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* his military service was between 1 January 1969 and 14 August 1974 and this entitles him to award and annotation of the NDSM on his DD Form 214
3. The applicant provides:
* birth certificate
* NDSM criteria
* 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 enlisted in the Regular Army on 14 November 1961. He completed training and was awarded the military occupational specialty 111 (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was private/E-2.
3. The applicant's DD Form 4 (Enlistment Record Armed Forces of the U.S.), dated 14 November 1961, show his birth year as 1941.
4. Item 3 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) show his birth year as 1941, but was changed to show 1939.
5. The applicant's DA Form 24 (Service Record), section 5 (Service Outside Continental U.S.) shows he departed the U.S. on 15 January 1963 and arrived in Germany on 23 January 1963. He returned to the U.S. on 9 November 1964.
6. On 9 November 1964, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group for annual training. He completed 2 years, 11 months, and 26 days of active military service.
7. Section 9 (Medal, Decorations, and Citations) of the applicant's DA Form 24 does not show award of the NDSM.
9. Item 6 (Date of Birth) of the applicant's DD Form 214 shows his birth year as 1939.
10. Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the NDSM.
11. The applicant provides a copy of his DD Form 214 and birth certificate which shows his birth year as 1941.
12. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.
13. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's requests to change his birth year on his DD Form 214 and award of the NDSM were carefully considered and determined to have merit.
2. The evidence from his records and his birth certificate show his birth year as 1941. Therefore, he is entitled to have his DD Form 214 corrected to show his birth year as "41."
3. The applicant served during a qualifying period of service for award of the NDSM. Therefore, he is entitled to award of the NDSM and correction of his DD Form 214 to show this award.
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:
a. amending his DD Form 214, item 6, to show his birth year as "41"
and,
b. adding the NDSM to item 26 of his DD Form 214.
_______ _ 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) AR20110021886
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110021886
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003087946C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Based on the evidence in this case, the applicant is entitled to correction of his records to show his place of birth as Hazleton, PA and his date of birth as 21 January 1941. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.
ARMY | BCMR | CY2007 | 20070012420C080407
The applicant requests, in effect, that the military records of her deceased husband, a former service member (FSM), be corrected to reflect his correct Date of Birth (DOB). However, the evidence of record confirms the FSM was inducted, served, and was separated from the Army using the DOB 3 March 1939, which is the DOB listed on his final DD Form 214. While the applicant’s desire to have the records changed to reflect the FSM's correct DOB, as reflected on the birth certificate...
ARMY | BCMR | CY2002 | 2002079039C070215
The applicant, as the legal representative of a retired service member, requests that her husband's records be corrected to show award of the Army Commendation Medal. The retired service member's personnel records contain three discharge documents. The retired service member's DD Form 214, with an effective date of 31 May 1964, does not show any foreign service.
ARMY | BCMR | CY2013 | 20130016763
Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The applicant served honorably from 14 August 1964 to 20 July 1967. As a...
ARMY | BCMR | CY2008 | 20080009444
The applicant requests, in effect, that his date of birth be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 be corrected to show award of the National Defense Service Medal (NDSM) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1). Evidence of record shows the applicant qualified "Expert" on the...
ARMY | BCMR | CY2014 | 20140014310
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Army Overseas Service Ribbon (OSR). Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a...
ARMY | BCMR | CY2010 | 20100029486
His DA Form 20 (Enlisted Qualification Record) shows in: * Item 29 (Foreign Service) he served in Korea from 25 June 1963 to 25 July 1964 * Item 33 (Record of Assignments) during his tour in Korea he served with the 59th Aviation Company 5. Evidence of record shows the FSM served in Korea from 21 June 1963 to 25 October 1964. 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. adding to item...
ARMY | BCMR | CY2007 | 20070004373
Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The applicant requests correction of his records to show award of the Overseas Service Commemorative Medal, American Defense Service Medal, Honorable Service Commemorative Medal, Korea Defense Service Medal, and the Army Commemorative Medal. As a...
ARMY | BCMR | CY2013 | 20130016409
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge and Report of Separation from Active Duty) to show his date of birth (DOB) as XX August 1939 vice XX February 1938. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his DOB as XX February 1938.
ARMY | BCMR | CY2014 | 20140014159
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. The applicant was authorized the AFEM for his service in the RVN and his records show he was awarded the service medal. 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 (1st Award) for the period 6...