IN THE CASE OF:	  

		BOARD DATE:	    19 November 2013

		DOCKET NUMBER:  AR20130005678 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct month of birth and his award of the Purple Heart.

2.  The applicant states that his DD Form 214 incorrectly reflects his month of birth as “November” and should reflect the month of “March” and it does not reflect his award of the Purple Heart. 

3.  The applicant provides a copy of his DD Form 214, birth certificate and a page from his DA Form 20 (Enlisted Qualification Record).

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 1 April 1964 for a period of 3 years and assignment to Europe.  At the time of his enlistment, his month of birth was listed as being in “March."

3.  He completed his one-station unit training as an infantry indirect fire crewman at Fort Polk, Louisiana and was transferred to Germany on 21 August 1964 for assignment to the Berlin Brigade.

4.  On 26 August 1965, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 issued at the time correctly reflects his month of birth as being in “March.”  On 27 August 1965, he reenlisted for a period of 3 years and assignment to Vietnam.

5.  He departed Germany on 8 August 1966 and arrived in Vietnam on 
12 October 1966 for assignment to Company A, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division.

6.  He was promoted to the rank of sergeant on 20 March 1967 and was awarded the Purple Heart in General Orders Number 3332, issued by Headquarters, 25th Infantry Division on 18 August 1967 for wounds received on 16 August 1967.  He was promoted to the rank of staff sergeant on 1 September 1967.

7.  He participated in two campaigns and departed Vietnam on 1 October 1967 for assignment to Fort Dix, New Jersey where he remained until he was honorably released from active duty (REFRAD) on 26 August 1968 due to the expiration of his term of service (ETS).  He had served 4 years, 4 months, and 
26 days of total active service.  His DD Form 214 issued at the time of his REFRAD shows in item 9 (Date of Birth) his month of birth as “NOV” and it shows that he was awarded the Good Conduct Medal, Army of Occupation Medal (Berlin), National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his month of birth is incorrectly reflected on his DD Form 214 has been noted and found to have merit.  His records clearly show that his month of birth is “March” and his DD Form 214 should be corrected accordingly. 

2.  The applicant’s records contain valid orders awarding him the Purple Heart.  Accordingly, that award should be added to his DD Form 214 at this time.

3.  The applicant served in two campaigns in Vietnam and thus is entitled to wear two bronze service stars on his Vietnam Service Medal and to have them entered on his DD Form 214.

4.  Additionally, his unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and those awards should be added to his DD Form 214 at this time. 

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry “XX  NOV  XX” from item 9 of his DD Form 214 for the period ending 26 August 1968
* entering the entry “XX  MAR  XX” in item 9 of his DD Form 214 for the period ending 26 August 1968
* deleting the entry “VNSM” from item 24 of his DD Form 214 for the period ending 26 August 1968
* adding the awards of the Vietnam Service Medal with two bronze service stars, Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214 for the period ending 26 August 1968

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20130005678





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ABCMR Record of Proceedings (cont)                                         AR20130005678



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