IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20110024021 


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) and to show any additional awards he may be entitled to.

2.  He states his DD Form 214 shows an incorrect DOB.

3.  He provides his DD Form 214 and a State of Wisconsin, State Board of Health, Certificate of Birth.

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 was inducted into the Army of the United States on
23 September 1969.  His record contains a DD Form 47 (Record of Induction) that shows his DOB as 22 October 1946.  He completed training and he was awarded military occupational specialty 74C (data analyst).

3.  During his induction processing, he completed a DD Form 398 (Statement of Personal History) wherein he indicated his DOB as 22 October 1946.

4.  A DA Form 20 (Enlisted Qualification Record) of record was prepared on
29 September 1969 and last audited by the applicant on 12 December 1970.  It shows in:

	a.  item 6 (DOB) the entry 22 October 1946;

	b.  item 29 (Qualification in Arms) he qualified sharpshooter with the M-16 rifle on 23 September 1970;

	c.  item 31 (Foreign Service) he served in Vietnam from 7 December 1970 to 21 June 1971;

	d.  item 38 (Record of Assignments) he served in Vietnam with the Direct Support Company, U.S. Army Vietnam;

	e.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service; and

	f.  item 41 (Awards and Decorations) the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His record also contains a DD Form 1584 (National Agency Check Request), dated 1 October 1969, that shows his DOB as 22 October 1946.

6.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.


7.  He was honorably released from active duty (REFRAD) on 21 June 1971 in the rank/grade of specialist five (SP5)/E-5 to attend school.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 8 months, and 29 days of total active service.  The DD Form 214 he was issued at the time shows in:

* item 9 (DOB) the entry 23 October 1946
* Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  The applicant submits a copy of a Certificate of Birth bearing his same name that was filed on 2 November 1946 and issued on 8 June 1951.  It shows a DOB of 22 October 1946.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Army Good Conduct Medal 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 enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

	b.  for the Vietnam Service Medal, a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges 


awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214 and states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of this regulation contains guidance on the preparation of the DD Form 214.  It provided that all available records would be used as a basis for the preparation of the DD Form 214, including the DA Form 20.

DISCUSSION AND CONCLUSIONS:
1.  The applicant's DOB appears as 22 October 1946 throughout his military records.  He also submitted a Certificate of Birth that shows his DOB as
22 October 1946.  It appears that an administrative error occurred during the preparation of his DD Form 214.  Therefore, it would be appropriate at this time to correction his DD Form 214 to show his DOB as 22 October 1946.

2.  The available evidence shows the applicant served honorably from 23 September 1969 through 21 June 1971 with no evidence of any disciplinary actions.  He received all "excellent" conduct and efficiency ratings throughout his tenure of service and he was REFRAD in the rank/grade of SP5/E-5.  There is also no evidence of a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  The applicant participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.


5.  Records show the applicant qualified expert with the M-14 rifle and sharpshooter with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting from item 9 of his DD Form 214 the current entry and replacing it with the date of birth as shown on his Certificate of Birth;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 23 September 1969 through 21 June 1971; and

	d.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   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)                                         AR20110024021



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ABCMR Record of Proceedings (cont)                                         AR20110024021



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