IN THE CASE OF:	   

		BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140003415 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 September 1969:

	a.  change his date of birth to read 9 March ****; and

	b.  add the following awards:

* "Air Medal (W/DIV)"
* "ARCOM [Army Commendation Medal] (W/DIV)"
* Army Good Conduct Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  His use of the term "W/DIV" is determined to mean numeral(s) used to denote second and subsequent awards of the Air Medal and Oak Leaf Clusters used to denote second and subsequent awards of the Army Commendation Medal.

3.  The applicant states all of his awards from Vietnam are not listed on his 
DD Form 214.  His DOB on his DD Form 214 is incorrect.

4.  The applicant provides:

* DD Form 214
* two pages from his DA Form 20 (Enlisted Qualification Record)
* his birth certificate from Winona General Hospital, Winona, MN
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.  On 3 January 1967, he enlisted in the Regular Army for 3 years.  Item 19 (Date of Birth) of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his DOB as 9 March ****.

3.  He was assigned to Headquarters and Headquarters Battery, 25th Infantry Division Artillery from 10 March 1968 to on or about 20 September 1969 in the Republic of Vietnam.  He participated in six campaigns.

4.  Item 41 (Awards and Decorations) of his original DA Form 20 in his Military Personnel Records Jacket (MPRJ) shows he was awarded the following awards:

Type
Authority


Air Medal
General Order (GO) 7575, 25th Infantry Division Artillery
Army Commendation Medal
GO 2974, 25th Infantry Division
Army Good Conduct Medal
GO 9389, 25th Infantry Division
Army Commendation Medal (1st Oak Leaf Cluster)
GO 9993, 25th Infantry Division
Sharpshooter Marksmanship Qualification Badge (M-14)
Special Order 34, Headquarters (HQ), 1st Brigade, 15 February 1967


5.  Item 41 of the DA Form 20 (stamped COPY) provided by the applicant includes an entry for the Air Medal (1st Oak Leaf Cluster) with an illegible order number, HQ, 25th Infantry Division.

6.  On 20 September 1969, he was released from active duty.  Item 9 (Date of Birth) of his DD Form 214 shows his DOB as 3 September ****.  His 
DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During period the applicant was assigned to Headquarters and Headquarters Battery, 25th Infantry Division Artillery the unit was awarded the:

* Meritorious Unit Commendation (Army) - 1 January - 30 September 	1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation April 1966 	- August 1968 and 1 September 1968 - 30 September 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 	- April 1966 - 21 January 1970

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  A silver service star is worn in lieu of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

9.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  

	a.  The purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation.

	b.  Paragraph 53 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from DA Form 66 (Officer Qualification Record) or DA Form 20 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  His DOB is shown on his DD Form 4 as 9 March ****.  His DOB would have been required to have been verified prior to his enlistment.  It appears an administrative error occurred when entering his DOB on his DD Form 214.  Therefore, his DOB on his DD Form 214 should be corrected to 9 March ****.

2.  While a copy of a DA Form 20 submitted by the applicant shows a second Air Medal was awarded, the original form in his MPRJ does not show this second Air Medal.  There is no substantive evidence to corroborate the entry on the copy submitted by the applicant.  Therefore, only the original DA Form 20 in his MPRJ should be used to add awards to his DD Form 214.

3.  The DA Form 20 is a source document for entries on the DD Form 214.  The entries for his awards entered in item 41 all contain the order number authorizing the award.  Therefore, the following awards should be added to his 
DD Form 214:

* Air Medal
* Army Commendation Medal (2 Awards)
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  Based on his service with Headquarters and Headquarters Battery, 25th Infantry Division Artillery he is authorized the:

* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  He participated in six campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star and one bronze service star to be worn on his Vietnam Service Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

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

	a.  changing item 9 of his DD Form 214 to show his DOB as 9 March ****; and

	b.  deleting the Vietnam Service Medal from his DD Form 214 and adding the:

* Air Medal
* Army Commendation Medal (2 Awards)
* Meritorious Unit Commendation (Army) 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star and 1 bronze service 	star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
	(2 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that 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 a second award of the Air Medal.  



      _______ _   _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)                                         AR20140003415



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ABCMR Record of Proceedings (cont)                                         AR20140003415



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