BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003399
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:
a. name as D_ _ _ _ F_ _ _ _ M _ _ _ _;
b. his date of birth as 10 May 1950;
c. his date of induction as 16 March 1969; and
d. his date of rank for specialist four, pay grade E-4 as 10 March 1969.
2. The applicant states typing errors were the cause for these mistakes.
3. The applicant provides a copy of 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 DD Form 47 (Record of Induction), dated 25 July 1969, shows:
a. his name as D_ _ _ _ F_ _ _ _ T_ _ _ _ M _ _ _ _;
b. his date of birth as 10 May 1950; and
c. his date of induction as 16 March 1970.
3. USAREC Form 180 (Acknowledgment of Service Obligation) states that the applicant was inducted into the Army of the United States on 16 March 1970 and incurred a 6-year obligation. The applicant signed this form with all four names as shown on his DD Form 47.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
a. his name as D_ _ _ _ F. T. M _ _ _ _;
b. his date of rank to private, pay grade E-1 as 16 March 1970;
c. he attended basic combat training and advanced individual training from 20 March to 14 August 1970;
d. he was assigned to the Republic of Vietnam from September 1970 to September 1971;
e. he was advanced to private first class, pay grade E-3 on 19 December 1970;
f. he was advanced to specialist four, pay grade E-4 on 10 March 1971; and
g. he was released from active duty on 18 November 1971 and transferred to the U.S. Army Reserve.
5. The applicant's DD Form 214 shows:
a. his name as D_ _ _ _ F_ _ _ _ T_ _ _ _ M _ _ _ _;
b. his date of birth as 10 May 1970;
c. his date of induction as 16 March 1970;
d. his date of rank for specialist four, pay grade E-4 as 10 March 1971; and
e. his signature contains all four parts of his name, including that part he now wants removed.
6. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his:
a. name as D_ _ _ _ F_ _ _ _ M _ _ _ _;
b. his date of birth as 10 May 1950;
c. his date of induction as 16 March 1969; and
d. his date of rank for specialist four, pay grade E-4 as 10 March 1969.
2. The applicant is requesting, in effect, that his middle name of T _ _ _ _ be removed from his DD Form 214. He offers no documentary evidence showing that this name was entered incorrectly. Records do show that he used the same four-part name when he acknowledged his service obligation and when he signed his DD Form 214. Therefore, this portion of his request should be denied.
3. The available evidence of record clearly shows that the applicant's date of birth is 10 May 1950. However, his DD Form 214 indicates his year of birth as 1970. This is clearly wrong and should be corrected.
4. The available evidence clearly shows that the applicant was inducted into the U.S. Army on 16 March 1970. This was also acknowledged by the applicant with what purports to be his signature on that same day. Therefore, the entry on his DD Form 214 appears to be correct and should not be changed.
5. The available evidence of record clearly shows that the applicant progressed normally through the ranks and attained specialist four on 10 March 1971. Because his DD Form 214 indicates this same date of rank, this portion of his request should be denied.
6. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
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 showing on his DD Form 214 his date of birth as 10 May 1950.
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 the changing of his name, date of induction, or date of rank for specialist four, pay grade E-4.
________ _ 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) AR20120003399
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120003399
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012489
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * Item 9 (Date of Birth (DOB)) - his DOB as "XX November 1949" instead of "XX September 1949" * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the Bronze Star Medal 2. Army Regulation 600-8-22 (Military Awards) states bronze service stars are authorized for wear on the Vietnam Service Medal to...
ARMY | BCMR | CY2010 | 20100026142
The applicants contention that his middle name recorded in his military record and DD Form 214 should be corrected to reflect the spelling on his birth certificate has also been carefully considered. However, the evidence of record shows the applicant was inducted, entered and served using the middle name as it is spelled on his DD Form 214 and the Army has an interest in maintaining the accuracy of its records. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2011 | 20110024021
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 | BCMR | CY2012 | 20120017115
However: * There is no derogatory information in his record that would have disqualified him from being recommended for or awarded the first award of the Army Good Conduct Medal * Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service 6. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 17 June 1968 through 16...
ARMY | BCMR | CY2002 | 2002068644C070402
The applicant requests that his Report of Transfer or Discharge, DD Form 214, be amended to show his rank and grade as Sergeant (SGT), E-5 and to add the Bronze Star Medal (BSM), the Valorous Unit Emblem (i.e., the Valorous Unit Award), and the United Nations Service Medal. In addition to the awards shown on his DD Form 214, the DA Form 1577 dated 21 January 1983 authorized issuance of the BSM, the Valorous Unit Emblem (i.e., the Valorous Unit Award), the Vietnam Service Medal with two...
ARMY | BCMR | CY2014 | 20140002850
IN THE CASE OF: BOARD DATE: 4 November 2014 DOCKET NUMBER: AR20140002850 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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...
ARMY | BCMR | CY2014 | 20140002850
IN THE CASE OF: BOARD DATE: 4 November 2014 DOCKET NUMBER: AR20140002850 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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...
ARMY | BCMR | CY2012 | 20120017162
General orders awarded the applicant the ARCOM for meritorious service during the period 1 November 1970 through 20 May 1971. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 16 May 1968 through 15 May 1971 and to correct his DD Form 214 for the period ending 21 May 1971 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214...
ARMY | BCMR | CY2014 | 20140017032
There is no evidence the applicant received the first award of the Army Good Conduct Medal (AGCM). The 4th Battalion, 31st Infantry Regiment, was awarded the: * Presidential Unit Citation (PUC) for actions during the period 11-31 August 1969 in Department of the Army General Orders (DAGO) Number 42, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 24 August-31 December 1969 in DAGO Number 6, dated 1974 b. As a result, the Board...
ARMY | BCMR | CY2007 | 20070018685
The applicant's DD Form 214, with the period ending 21 November 1969, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Combat Infantryman Badge, and the Bronze Star Medal. Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 6 March 1968 through 21 November 1969 based on completion of a...