BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120003719 


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:

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 4 May xxxx instead of 14 May xxxx;

	b.  the Bronze Star Medal (BSM) be added to his DD Form 214; and

	c.  the issuance of the Army Good Conduct Medal.   

2.  The applicant states:

* His DOB is 4 May xxxx
* He was never presented the Army Good Conduct Medal as shown on his DD Form 214
* He was awarded the BSM for meritorious service in Vietnam

3.  The applicant provides:

* Birth certificate
* 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 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 DD Form 398 (Statement of Personal History), dated 20 September 1966, shows his DOB as 4 May xxxx.  

3.  He enlisted in the Regular Army on 27 September 1966 for a period of 3 years.  He arrived in Vietnam on 18 January 1968.  He served as a track vehicle mechanic assigned to Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry of the 25th Infantry Division from 28 January 1968 to 17 January 1969.  On 26 September 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.   

4.  Item 9 (DOB) of his DD Form 214 shows he was born on 14 May xxxx.  His DD Form 214 shows the:

* Vietnam Service Medal (VSM)
* National Defense Service Medal (NDSM)
* Republic of Vietnam Campaign Medal (VCM) with Device (1960)
* Army Good Conduct Medal (GCMDL 1st Award)
* two Overseas Service Bars  

5.  Orders, dated 15 January 1969, show he received the BSM for meritorious service during the period January 1968 to January 1969 in Vietnam. 

6.  Records show he participated in four campaigns during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 14th Infantry, was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period April 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

8.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

9.  He provides a copy of his birth certificate which shows his DOB as 4 May xxxx.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on 4 May xxxx and his DD Form 398 and birth certificate supports this contention.  Therefore, it would be appropriate to correct item 9 of his DD Form 214 to show his DOB as 4 May xxxx.

2.  Orders show he received the BSM.  His DD Form 214 should be corrected to show this medal.

3.  His DD Form 214 shows the Army Good Conduct Medal as an authorized award but he contends he never received it.

4.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

5.  His unit was cited for two separate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show these unit awards.
6.  His unit was also cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  His DD Form 214 should be corrected to show this unit 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.  deleting the entry in item 9 of his DD Form 214 and adding the DOB as it is listed on his birth certificate;  

	b.  adding the BSM, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214; and

	c.  issuing him the above awards plus the Army Good Conduct Medal,  if available.



      _______ _   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)                                         AR20120003719



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ABCMR Record of Proceedings (cont)                                         AR20120003719



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