IN THE CASE OF:	   

		BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140012489 


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 in:

* Item 9 (Date of Birth (DOB)) - his DOB as "XX November 1949" instead of "XX September 1949"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the Bronze Star Medal

2.  The applicant states the Bronze Star Medal is missing from his DD Form 214. 
His DOB is also incorrect on this DD Form 214.  He has the Bronze Star Medal citation, the medal, and the orders for this award.  This award was hard-won in the jungles of Vietnam.  Until recently, post-traumatic stress disorder prevented his acknowledgment of his military service.  His wife and children encouraged him to correct this omission.  His DOB should be shown as XX November 1949.  This change is for accuracy.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 3234
* Bronze Star Medal citation and certificate
* DD Form 214
* 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 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 was inducted into the Army of the United States on 2 July 1969. He was awarded military occupational specialty (MOS) 11E (infantry operations and intelligence specialist).  His records contain the following:

* Standard Form (SF) 88 (Report of Medical Examination), dated 5 May 1969, which shows he underwent a medical examination on that date for the purpose of induction; the form shows his DOB was corrected from "XX September 1949" to "XX November 1949"
* DD Form 398 (Statement of Personal History), dated 1 July 1969, which lists his DOB as "XX November 1949"
* DD Form 47 (Record of Induction), dated 2 July 1969, which lists his DOB as "XX September 1949"
* DA Form 20 (Enlisted Qualification Record), dated 24 March 1970, which lists his DOB as "XX September 1949"
* DA Form 873 (Certificate of Clearance and/or Security Determination) which lists his DOB as "XX November 1949"
* DA Form 41 (Record of Emergency Data), dated 28 June 1970, which lists his DOB as "XX September 1949"

3.  He served in Vietnam from 22 June 1970 through 19 May 1971, during two campaigns.  He was assigned to Company C, 2nd Battalion (Airmobile), 506th Infantry.

4.  His records also contain and he provided copies of the following orders issued by Headquarters, 101st Airborne Division (Airmobile):

* GO Number 3234, dated on 19 April 1971, awarding him the Bronze Star Medal for meritorious service in Vietnam from June 1970 to April 1971; he also provided copies of the resulting citation and certificate
* GO Number 3731, dated on 5 May 1971, awarding him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 1 June 1970 through 1 July 1970

5.  He was honorably released from active duty in pay grade E-5 on 20 May 1971.  He was credited with completing 1 year, 10 months, and 19 days of active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar    (M-60)

6.  His DA Form 20 shows in:

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214

7.  He also provided a copy of a Commonwealth of Pennsylvania Notification of Birth Registration which identified an individual with the same name of record as the applicant was born on "XX November 1949."

8.  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.

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 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.

10.  Army Regulation 600-8-22 (Military Awards) states bronze service stars are authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 2nd Battalion, 506th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March through 9 October 1971, by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SF 88 and DD Form 398 list his DOB as "XX November 1949."  It appears his DD Form 214 contains typographical errors pertaining to his DOB.  Therefore, he is entitled to correction of item 9 of this form to list the same month of birth as shown on those documents.

2.  GO awarded him the Bronze Star Medal and Air Medal during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of records shows he received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank of pay grade E-5, and served in Vietnam earning the Bronze Star Medal and Air Medal.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 2 July 1969 through 20 May 1971 and its addition to his DD Form 214.

4.  He served in Vietnam during 2 campaigns; therefore, he is entitled to award of 2 bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

5.  GO awarded his unit 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. 





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:

* deleting from item 9 of his DD Form 214 the month of "September" of his DOB and replacing it with the month of "November"
* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 2 July 1969 through 20 May 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Air Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20140012489



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012489



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1