IN THE CASE OF:    

		BOARD DATE:  6 November 2014	  

		DOCKET NUMBER:  AR20140005570 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

* Item 9 (Date of Birth (DOB) - the year of his birth as "1949" instead of "1969"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - all the awards he is entitled to
* Item 25 (Education and Training Completed) – all the schools he completed
* Item 30 (Remarks) – all schools he completed

2.  The applicant states his first wife went through all of his things after their divorce.  The Department of Veterans Affairs needed his DD Form 214 to clear up errors on the Summary of Benefits.

3.  The applicant provides a copy of his DD Form 214.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 8 September 1966 for 3 years.  His records contain the following:

* DD Form 398 (Statement of Personal History), dated 6 September 1966, which lists in:

* Item 5 (DOB) - his DOB as "24 March 1949"
* Item 9 (Education) - he did not graduate from James S. Deady Junior High School

* DD Form 4 (Enlisted Record - Armed Forces of the United States), dated 8 September 1966, which lists in:

* Item 15 (DOB) - his DOB as "24 March 1949"
* Item 24b (High School) - he completed 1 year and did not graduate
* Item 24c (College) – zero years and "N/A"
* Item 24d (Other Civilian Schools Attended) – zero years and "N/A"

3.  Special Orders (SO) Number 273, dated 21 October 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 16, dated 19 January 1967, show he successfully completed the Field Artillery (FA) Radar Operations Course on 25 January 1967 and he was awarded military occupational specialty 17B.

5.  He served in:

* Germany from 12 April 1967 through 5 October 1967
* Vietnam from 6 October 1967 through 5 October 1968, during four campaigns, and he was assigned to the 237th FA Detachment (Radar)

6.  His records also contain the following:

* DA Form 20 (Enlisted Qualification Record), dated 2 October 1968, which lists his DOB as "24 March 1949"
* DA Form 41 (Record of Emergency Data), dated 14 November 1968, which lists his DOB as "24 March 1949"

7.  He was honorably released from active duty in pay grade E-5 on 5 September 1969 and he was transferred to the U.S. Amy Reserve (USAR) Control Group (Annual Training).  He was credited with completing 2 years, 11 months, and 28 days of net active service.  His DD Form 214 lists in:

* Item 9 - his DOB as "24  March 1969"
* Item 24 - the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* “Marksman (Rifle)”

* Item 25 - the FA Radar Operations Course
* Item 30 – 1 Year High School

8.  His DA Form 20 shows in:

* Item 27 (Military Education) - the FA Radar Operations Course
* Item 32 (Civilian Education) – James S. Deady Junior High School – 9 years, completed 1965 
* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service and he was fully qualified for reenlistment  
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 9 would list the DOB verified in the Soldier's record.
* Item 24 would list all decorations awarded or authorized
* Item 25 would list all service schools successfully completed and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214
* Item 30 would list the highest civilian education level attained as the first entry in this block when not adequately covered in item 25, the information would be taken from the DA Form 20

10.  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 the first award only, 1 year service entirely during the period 7 December 1941 through 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-marital.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 237th Artillery Detachment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1965 through 16 April 1971, by Department of the Army General Orders Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of item 9 of the applicant's DD Form 214:

   a.  All documents in his military personnel records list his DOB as "24 March 1949."  It appears his DD Form 214 contains a typographical error in listing the year of his birth as "1969."

   b.  Therefore, he is entitled to correction of item 9 of his DD Form 214 to list the year of his birth as "1949."

2.  With regard to correction of item 24 of his DD Form 214:

   a.  The evidence shows he received "excellent" conduct and efficiency ratings during his period of active duty and attained the rank of pay grade E-5.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 8 September 1966 through 5 September 1968 and its addition to his DD Form 214.

   b.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 lists the “Marksman (Rifle).”  Therefore, his DD Form 24 should be corrected to list this badge.

   c.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  With regard to correction of item 25 of his DD Form 214:

   a.  The evidence shows he successfully completed the FA Radar Operations Course on 25 January 1967.  There is no evidence and he provided none showing he completed any other education or training during his period of service.  

   b.  Therefore, he is not entitled to correction of item 25 of this DD Form 214 to show any additional education or training.

4.  With regard to correction of item 30 of his DD Form 214:

   a.  The evidence shows his highest civilian education level attained was properly listed in item 30 of his DD Form 214.  There is no evidence and he provided none showing he completed or graduated from high school or completed any military sponsored courses in civilian schools or colleges during the period covered by the DD Form 214.  

   b.  Therefore, he is not entitled to correction of item 30 of this DD Form 214 to show any additional schools.

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:

* deleting from item 9 of his DD Form 214 the year of "1969" and replacing it with the year of "1949"
* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 8 September 1966 through 5 September 1968
* deleting from his DD Form 214 the “Marksman (Rifle)”
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correction of items 25 and 30 of his DD Form 24 to show any additional education or training or schools.



      __________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)                                         AR20140005570





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ABCMR Record of Proceedings (cont)                                         AR20140005570



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