IN THE CASE OF:	  

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130015790 


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 item 9 (Date of Birth (DOB)) to show the correct date of his birth and item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and two Air Medals (AM). 

2.  The applicant states:

* item 9 should read 5 January 1950 vice 1 January 1950 
* item 24 should show award of the CIB and two awards of the AM 

3.  The applicant provides:

* his DD Form 214
* three orders
* a birth registration certificate 

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 records show he was inducted into the Army of the United States (AUS) on 13 April 1970.  After completing basic and advanced individual training he was awarded military occupational specialty 11B (Light Weapons Infantry).  He served in Vietnam from 8 December 1970 to 2 December 1971. 

3.  A thorough review of all documents contained in his available military personnel records show his date of birth consistently appears as 1 January 1950.

4.  He submitted and his record contains the following orders issued by Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile): 

a. Special Orders Number 43, dated 12 February 1971, show he was
awarded the CIB on 3 February 1971, while he was assigned to Company D, 
2d Battalion, 8th Cavalry Regiment;

b. General Orders Number 1599, dated 30 August 1971, show he was
awarded the AM for meritorious achievement while he was assigned to Company D, 2d Battalion, 8th Cavalry Regiment during the period January to May 1971; and

c. General Orders Number 2039, dated 25 October 1971, show he was
awarded the AM (2d award) for meritorious achievement while he was assigned to Company D, 2d Battalion, 8th Cavalry Regiment during the period 
1 June to 14 September 1971.

5.  His record contains the following General Orders issued by Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile): 

a. General Orders Number 151, dated 25 April 1971, showing he was
awarded the Bronze Star Medal (BSM) with "V" Device on 10 April 1971, for heroism while he was assigned to Company D, 2d Battalion, 8th Cavalry Regiment; and




b. General Orders Number 1999, dated 24 October 1971, show he was
awarded the BSM for meritorious service in Vietnam while assigned to Company D, 2d Battalion, 8th Cavalry Regiment during the period 8 December 1970 to 
3 December 1971.

6.  On 11 May 1971, he was released from active duty after completing 1 year, 
7 months, and 20 days of net active service during this period.  His DD Form 214, dated 2 December 1971, shows in:

a.  item 3, the entry 1 January 1950; and 

b. item 24, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Vietnam Campaign Medal with "1960" Device
* Good Conduct Medal
* AM

7.  The applicant provides his Birth Registration Certificate, which shows his date of birth as 5 January 1950.

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2d Battalion, 8th Cavalry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 21 February 1970 to 28 February 1971 in Department of the Army General Orders Number 42, dated 1972.
 
10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant was awarded the CIB and BSM with "V" Device (2d award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  General orders show the applicant was awarded the AM (2d award). Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Records show the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  The evidence of record shows the applicant listed his DOB as 1 January 1950 upon his induction in the AUS.  This DOB is consistent with the DOB listed on his DD Form 214 and all personnel documents throughout his military service.

6.  For historical purposes, the Army has an interest in maintaining the integrity 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.  While it is understandable that the applicant desires to have the DOB shown on Birth Registration Certificate recorded on his DD Form 214, this is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

7.  The applicant is advised that a copy of this Record of Proceedings will be filed in his military records.  This should clarify any questions or confusion regarding the difference in the DOB recorded in his military records and to satisfy his desire to have the requested DOB documented.






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
adding the CIB, AM (2d award), BSM with "V" Device (2d award), Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation, to his DD Form 214.

2.  The Board further determined that the evidence presented was 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 his date of birth.



      _______ _   _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)                                         AR20130015790





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ABCMR Record of Proceedings (cont)                                         AR20130015790



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