BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120012201 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: 

* dates of service in Vietnam, which is also presumed to be a request for the awards he may be authorized for this service
* date of birth (DOB) as 11 June xxxx

2.  The applicant states his DOB is incorrectly listed as 11 January xxxx on his DD Form 214 it should be listed as 11 June xxxx.  In addition, he contends he served in Vietnam from December 1968 through December 1969.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 18 March 1968 and his 
DD Form 4 (Enlistment Contract-Armed Force of the United States) shows his DOB as 11 June xxxx.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 30 January 1969 to 20 April 1970.

4.  Item 38 (Record of Assignments) shows he was assigned to Company C, 93rd Engineer Battalion (Construction) from 5 February through 27 December 1969.  This same item shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

5.  General Orders Number 1263, issued by Headquarters, 20th Engineer Brigade, dated 3 December 1969, awarded him the Army Commendation Medal for meritorious achievement while serving in the Republic of Vietnam from 
1 February 1969 - 31 January 1970.

6.  He was honorably released from active duty on 17 March 1971.  He completed 3 years of creditable active service. His DD Form 214 shows in:

* Item 9 (DOB), "11 Jan xx"
* item 22c (Foreign and/or Sea Service), he completed 1 year, 2 months, and 21 days of foreign service in "USARPAC"
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the following awards:

* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

* item 30 (Remarks), the entry "Inclusive dates of service in Vietnam during current period of service 30 Jan 69 thru 20 Apr 70"

7.  His records indicate he is entitled to additional awards which are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows that during his assignment with the 93rd Engineer Battalion the unit was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 October 1968 through 
30 June 1969 by Department of the Army General Order (DAGO) Number 51, dated 1971;

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 
3 August 1967 through 9 February 1970 by DAGO 43, dated 1970; and

	c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  It states enter in:

* item 9, the entry is self-explanatory.
* item 22c, the total active duty outside continental limits of the United States for the period covered by the DD Form 214, the last overseas theater in which service was performed, e.g. "USAREUR," and indicate inclusive dates of service in Vietnam in item 30 as "VIETNAM--25 APR 70 THRU 28 MAY 71"


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his service in Vietnam and his correct DOB.

2.  It appears the applicant's DOB was incorrectly entered on his DD Form 214 as a result of an administrative error.  Therefore, his DD Form 214 should be corrected to show his DOB as 11 June xxxx.

3.  General orders awarded him the Army Commendation Medal.

4.  The unit he served with was awarded the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit citation during his period of assignment.

5.  The evidence of record confirms he served honorably during the period 
18 March 1968 through 17 March 1971.  He received "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

6.  He is entitled to correction of his DD Form 214 to show the above individual and unit awards.

7.  He contends he served in Vietnam from December 1968 to December 1969; however, the evidence of record shows he served in Vietnam from 30 January 1969 to 20 April 1970 and this foreign service is shown in item 22c and item 30 of his DD Form 214.  Based on the available evidence the dates shown on his 
DD Form 214 correctly reflects his period of service in Vietnam.

8.  In view of the above, he should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:
   
   a.  awarding him the Army Good Conduct Medal for the period 18 March 1968 through 17 March 1971;
   
   b.  deleting the current DOB in item 9 of his DD Form 214 and replacing it with the DOB as it is listed on his DD Form 4; and

   c.  adding the following awards to item 24 of his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation 
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

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 correcting the dates of his service in Vietnam.




      _______ _  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)                                         AR20120012201



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ABCMR Record of Proceedings (cont)                                         AR20120012201



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