IN THE CASE OF:	  

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140002850 


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 (Report of Transfer or Discharge) to show his correct place of birth.  Later, during a telephone conversation with a staff member of the Army Board for Correction of Military Records (ABCMR), he requested a proper audit to correct his awards.  

2.  The applicant states his DD Form 214 contains a typographical error.

3.  The applicant provides a copy of his birth 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 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 listed his place of birth as Grand Rapids, Minnesota on the Report of Medical History he submitted for his pre-induction physical examination.  Except for the erroneous DD Form 214, no other place of birth appears in his records.

3.  The applicant was inducted into the Army of the United States on 4 March 1968.  He completed basic and advanced individual training as an engineer, during which time he qualified as a Sharpshooter with the M-16 and M-14 rifles.

4.  He served briefly at Fort Hood, Texas, and then in Vietnam from 7 January 1969 to 5 January 1970 with Headquarters and Headquarters Company, 45th Engineer Group, Land Clearing (Provisional), which was redesignated the 59th Engineer Company (Land Clearing) on 18 January 1969.  He had exclusively “excellent” conduct and efficiency rating throughout his period of service.

5.  General Orders Number 1146, issued by Headquarters, 18th Engineer Brigade on 19 December 1969, awarded him the Army Commendation Medal for meritorious service from 7 January 1969 through 5 January 1970.  

6.  On 20 January 1970, he was honorably separated and transferred to the U.S. Army Reserve as a staff sergeant.  His DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  His DD Form 214 shows his place of birth as Grand Rapids, Michigan.

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is worn for each campaign participation credit awarded.  The applicant's Vietnam tour coincided with the following four campaigns: 

* Vietnam Counteroffensive Phase VI  (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

8.  DA Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows the 59th Engineer Company was awarded the:

* Meritorious Unit Commendation, for the period 1 August 1969 through    15 July 1970, by Department of the Army General Order (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, by DAGO Number 8, dated 1974

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

10.  He provides his birth certificate, which shows his place of birth as Grand Rapids, Minnesota.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's place of birth is recorded incorrectly on his DD Form 214 and should be corrected to Grand Rapids, Minnesota.

2.  In addition to the awards listed of his DD Form 214, the applicant was awarded or authorized the: 

* Army Commendation Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

3.  His first period of active duty service was served without a discreditable incident of record and exclusively “excellent” conduct and efficiency rating.  He was separated as a staff sergeant, pay grade E-6 with less than 2 years of active duty service.  Notwithstanding the absence of a recommendation from his last immediate commander, he should be awarded the Army Good Conduct Medal for the period 4 March 1968 through 20 January 1970.

4.  In view of the foregoing findings and conclusions, it is appropriate to correct the applicant’s records as recommended below.






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.  awarding him the Army Good Conduct Medal for the period 4 March 1968 through 20 January 1970;

	b.  changing item 6 (Place of Birth) of his DD Form 214 to read Grand Rapids Minnesota;

	c.  deleting the Vietnam Services Medal from his DD Form 214;

	d.  adding to his DD Form 214 the: 

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      _______ _   _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)                                         AR20140002850





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ABCMR Record of Proceedings (cont)                                         AR20140002850



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