BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130013866 


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) for the period ending on 10 March 1970 to:

* show his date of birth (DOB) as 1947 
* add the Bronze Star Medal (2nd Award)

2.  The applicant states he received a second award of the Bronze Star Medal after his release from active duty.  Additionally, his DOB is incorrectly reflected on his DD Form 214.

3.  The applicant provides:

* his birth certificate
* a letter from the Social Security Administration
* copies of various membership cards
* citation for award of the Bronze Star Medal
* photograph of his certificate for award of the Bronze Star Medal
* DD Form 214 for the period ending on 10 March 1970

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 28 January 1966.  His DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his DOB listed as XX May 1947.

3.  He provided a birth certificate that contains the same name as his and the DOB as XX May 1947.

4.  His DA Form 20 (Enlisted Qualification Record) shows his year of birth as 1947.

5.  General Orders (GO) Number 25, issued by United States Army Aviation Center, Troop Brigade, Fort Rucker, AL, on 9 February 1967 awarded him the Army Good Conduct Medal (1st Award).

6.  He was honorably discharged on 10 April 1967 to accept appointment as a warrant officer.  His DD Form 214 for the period ending on 10 April 1967 shows he completed 1 year, 2 months, and 13 days of net active service and achieved the rank/grade of specialist five/E-5.  Additionally:

* item 9 (DOB) listed his year of birth as 1946
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar        (.45 Caliber)

7.  He was appointed as a Reserve warrant officer on 11 April 1967 and entered active duty.

8.  His DA Form 66 (Officer Qualification Record) shows he was assigned to:

	a.  Vietnam from 8 May 1967 to 5 May 1968 and served with: 

* Company C, 227th Aviation Battalion, 1st Cavalry Division (Airmobile) from 21 May 1967 to 29 October 1967
* Company D, 227th Aviation Battalion, 1st Cavalry Division (Airmobile) from 30 October 1967 to 4 May 1968

	b.  Vietnam from 1 October 1969 to 28 February 1970 and served with Company B, 1st Aviation Battalion, 1st Infantry Division from 5 October 1969 to 28 February 1970.

9.  GO Number 1922, issued by Headquarters, 1st Cavalry Division (Airmobile), Vietnam on 31 March 1968 awarded him the Bronze Star Medal (1st Award).

10.  Special Orders (SO) Number 101, issued by U.S. Army Transportation School, Fort Eustis, VA on 21 May 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  SO Number 105, issued by U.S. Army Transportation School, Fort Eustis, VA on 27 May 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

12.  GO Number 3689, issued by Headquarters, 1st Infantry Division, Vietnam on 9 March 1970 awarded him the Bronze Star Medal (2nd Award).

13.  He was honorably released from active duty on 10 March 1970.  His DD Form 214 for this period shows his year of birth in item 9 as 1945.  Additionally, item 24 shows he was awarded or authorized the:

* Distinguished Flying Cross
* Bronze Star Medal 
* Air Medal (1st - 27th Award)
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviator Badge
* Two overseas service bars

14.  Army Regulation 600-8-22 (Military Awards) states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in and one silver service star is authorized for each five campaigns.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  Company C, 227th Aviation Battalion, 1st Cavalry Division was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1969
* Valorous Unit Award for the period 1-31 October 1967 by DAGO Number 39, dated 1970

	b.  Company B, 1st Aviation Battalion, 1st Infantry Division was cited for award of the:

* Meritorious Unit Commendation for the period 1 November 1968 to 12 May 1969 by DAGO Number 53, dated 1970
* Meritorious Unit Commendation for the period 1 January 1968 to 
31 December 1968 by DAGO Number 7, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 to 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 4 and his DA Form 20 show his DOB as 1947.  It appears that an administrative error occurred when he was issued his DD Forms 214 for the periods ending on 10 April 1967 and 10 March 1970.  Therefore, he is entitled to correction of his DD Forms 214 to show his DOB as 1947.

2.  GO awarded him the Bronze Star Medal (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 10 March 1970 to add this award.
3.  GO awarded him the Army Good Conduct Medal (1st Award) during the period of his enlisted service; therefore, he is entitled to correction of his DD Forms 214 for the period ending on 10 March 1967 and 10 March 1970 to add this award.

4.  The evidence of record shows he participated in six campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one silver service star and one bronze service star affixed to his previously-awarded Vietnam Service Medal.

5.  GO awarded his various units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, Meritorious Unit Commendation (2nd Award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the periods he served with these units.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

6.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 10 March 1970 to add theses badges.

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 from item 9 of his DD Form 214 for the period ending on 10 April 1967 the entry "1946" and replacing it with the entry "1947";

	b.  adding the Army Good Conduct Medal to his DD Form 214 for the period ending on 10 April 1967;
	c.  deleting from item 9 of his DD Form 214 for the period ending on 10 March 1970 the entry "1945" and replacing it with the entry "1947"; 

	d.  deleting from item 24 of his DD Form 214 for the period ending on 
10 March 1970 the Bronze Star Medal and the Vietnam Service Medal; and 

	e.  adding to item 24 of his DD Form 214 for the period ending on 10 March 1970 the:

* Bronze Star Medal (2nd Award) 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 
(.45 Caliber)




      _______ _ 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)                                         AR20130013866





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ABCMR Record of Proceedings (cont)                                         AR20130013866



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