BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130020327 


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) to show:

* his date of birth (DOB) as 14 January 1947
* his rank at the time of discharge as specialist four (SP4)
* award of the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16)

2.  The applicant states, in effect, he needs his DD Form 214 corrected because he is pursuing a claim for disability.

3.  The applicant provides:

* DD Form 214
* birth certificate
* Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 119, dated 27 April 1968

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 was inducted into the Army of the United States on 23 May 1966.

3.  A thorough review of all documents contained in his available military personnel records shows his DOB consistently appears as 4 January 1947.

4.  His DA Form 20 (Enlisted Qualification Record) provides the following information:

	a.  item 6 (DOB) shows his DOB as 4 January 1947;

	b.  item 29 (Qualification in Arms) shows he qualified as Sharpshooter with the M-16 rifle on 25 March 1967;

	c.  item 31 (Foreign Service) shows he was credited with service in Vietnam from 2 May 1967 to 27 April 1968;

	d.  item 33 (Appointments and Reductions) shows his rank, pay grade, and DOR history as:

* private/E-1 – 23 May 1966
* private (PV2)/E-2 – 23 September 1966
* private first class (PFC)/E-3 – 28 November 1966
* PV2/E-2 – 4 June 1967
* PFC/E-3 – 1 September 1967

	e.  item 38 (Record of Assignments) shows he was assigned in Vietnam as follows:

* 137th Engineer Company – 25 May-19 November 1967
* Company C, 589th Engineer Battalion (Combat) – 20 November 1967-27 April 1968



	f.  item 41 (Awards and Decorations) shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  On 28 April 1968, he was honorably released from active duty as an overseas returnee after completing 1 year, 11 months, and 6 days of net active service.  His DD Form 214 provides the following information:

	a.  item 5a (Grade, Rate, or Rank) shows his rank as PFC;

	b.  item 5b (Pay Grade) shows his grade as E-3;

	c.  item 6 (DOR) shows his DOR as 1 September 1967;

	d.  item 9 (DOB) shows his DOB as 4 January 1947; and

	e.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (entered twice)
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar

6.  The applicant provided his State of Texas Certification of Vital Record which shows his date of birth as 14 January 1947.

7.  The applicant provided Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 119, dated 27 April 1968, releasing him from active duty which show his rank and grade as SP4/E-4.

8.  Army Regulation 600-8-22 (Military Awards) provides guidance for award of the Vietnam Service Medal.  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 four campaigns:

* Vietnam Counteroffensive Phase II – 1 July 1966-3  May 1967
* Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968
* Tet Counteroffensive – 30 January-1 April 1968
* Vietnam Counteroffensive Phase IV – 2 April-30 June 1968

9.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and stated 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.  The evidence of record shows the applicant listed his DOB as 4 January 1947 upon his induction.  This DOB is consistent with the DOB listed on his DD Form 214 and all personnel documents throughout his military service.

2.  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 the applicant's desire to have the DOB shown on birth certificate recorded on his DD Form 214 is understandable, this is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  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 satisfy his desire to have the requested DOB documented.

4.  There is no corroborating evidence of record nor did the applicant submit any corroborating evidence showing he was advanced to SP4/E-4.  It cannot be determined upon what basis his separation orders reflected a rank of SP4.  Therefore, he is not entitled to have his DD Form 214 corrected to show his rank and grade as SP4/E-4 at the time of his separation.

5.  The evidence of record shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14),and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  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.

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

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.  deleting award of the Vietnam Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (both entries) from his DD Form 214 and

	b.  adding the following awards to his DD Form 214:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined 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 his date of birth and grade he held upon discharge.



      ___________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)                                         AR20130020327



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ABCMR Record of Proceedings (cont)                                         AR20130020327



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