Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140021313
Original file (20140021313.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140021313 


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:

	a.  his date of birth (DOB) as XX May 1946 instead of XX March 1946 and

	b.  award of the Meritorious Service Medal (MSM).

2.  The applicant states:

* his DOB is XX May 1946
* the MSM was processed after his discharge and doesn't appear on his DD Form 214

3.  The applicant provides:

* certificate of birth
* Michigan driver's license
* Headquarters, First U.S. Army, General Orders Number 248, dated 1 July 1971
* 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 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 17 June 1969.  His DD Form 47 (Record of Induction) shows his DOB as XX May 1946.

3.  He provided Headquarters, First U.S. Army General Orders Number 248, dated 1 July 1971, which show he was awarded the Army Commendation Medal (ARCOM) in section IV (Award of the ARCOM).  The MSM was awarded to Soldiers listed in sections I, II, and III of these orders.

4.  On 22 March 1971, he was honorably released from active duty.

5.  Item 9 (DOB) of his DD Form 214 shows his DOB as XX March 1946.

6.  His DD Form 214 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Army Good Conduct Medal

7.  He provided a copy of his birth certificate which shows his DOB as XX May 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on XX May 1946 and his DD Form 47 supports his contention.  Based on the foregoing evidence, it would be appropriate to correct his DD Form 214 to show his DOB as XX May 1946 instead of XX March 1946.

2.  Although the applicant contends he was awarded the MSM, the orders he provided in support of this claim (Headquarters, First U.S. Army General Orders Number 248, dated 1 July 1971) show he was awarded the ARCOM.  Therefore, his DD Form 214 should be corrected to show award of the ARCOM.

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 the current DOB entry in item 9 of his DD Form 214 and replacing it with the entry "XX MAY 46" as listed on his DD Form 47 and

	b.  adding award of the ARCOM to his DD Form 214.
 
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 adding award of the MSM to his DD Form 214.



      ___________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)                                         AR20140021313



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021313



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140012489

    Original file (20140012489.txt) Auto-classification: Approved

    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. Army Regulation 600-8-22 (Military Awards) states bronze service stars are authorized for wear on the Vietnam Service Medal to...

  • ARMY | BCMR | CY2009 | 20090021529

    Original file (20090021529.txt) Auto-classification: Approved

    The applicant states his correct SSN is XXX-XX-1530 and his correct DOB is 17 December 1946. A DD Form 398 (Statement of Personal History), completed and signed by the applicant on 20 June 1966, shows his DOB as 17 December 1946. A DA Form 3027 (U.S. Army Request for National Agency Check (NAC)), dated 12 July 1966, shows the applicant's military service number as USXXXXX962, his SSN as XXX-XX-1530, and his DOB is entered as 17 December 1946.

  • ARMY | BCMR | CY2014 | 20140011911

    Original file (20140011911.txt) Auto-classification: Approved

    There is no evidence in his military records that shows he was awarded the ARCOM. 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 (First Award) for the period 8 January 1969 to 7 January 1971; and b. amending his DD Form 214 by deleting the current SSN and replacing it with the SSN shown on his social security card; c. amending his DD Form 214 by deleting the Vietnam Service...

  • ARMY | BCMR | CY2011 | 20110024021

    Original file (20110024021.txt) Auto-classification: Approved

    It shows in: a. item 6 (DOB) the entry 22 October 1946; b. item 29 (Qualification in Arms) he qualified sharpshooter with the M-16 rifle on 23 September 1970; c. item 31 (Foreign Service) he served in Vietnam from 7 December 1970 to 21 June 1971; d. item 38 (Record of Assignments) he served in Vietnam with the Direct Support Company, U.S. Army Vietnam; e. item 38 he received all "excellent" conduct and efficiency ratings throughout his service; and f. item 41 (Awards and Decorations) the: *...

  • ARMY | BCMR | CY2013 | 20130018417

    Original file (20130018417.txt) Auto-classification: Approved

    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. His DD Form 47 (Record of Induction) shows his DOB as XX April 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to show the DOB listed on...

  • ARMY | BCMR | CY2014 | 20140006727

    Original file (20140006727.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. This is accepted as sufficient evidence to correct his DD Form 214 to show his DOB as 24 May 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending his DD Form 214 by deleting the current DOB and adding the DOB as it is listed on his birth...

  • ARMY | BCMR | CY2012 | 20120019976

    Original file (20120019976.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * His last name as "Blxxxxri" instead of "Grxxes" * His date of birth (DOB) as XX September 1947 vice 1950 * His awards and decorations 2. He did not use the last name or the year of birth that he currently uses during his military service.

  • ARMY | BCMR | CY2010 | 20100013278

    Original file (20100013278.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear the: * National Defense Service Medal * ARCOM * Vietnam Service Medal (VSM) * AM * Vietnam Campaign Medal [properly known as the Republic of Vietnam Campaign Medal with Device (1960)] * BSM 10. As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active service from 22 January...

  • ARMY | BCMR | CY2013 | 20130012246

    Original file (20130012246.txt) Auto-classification: Approved

    The applicant requests correction of his records to show his correct date of birth (DOB) and social security number (SSN). The applicant's DD Form 47 (Record of Induction) shows in item 5 (DOB): "18 Nov 1946." The evidence of record shows the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.

  • ARMY | BCMR | CY2014 | 20140002451

    Original file (20140002451.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * Item 3 (social security number (SSN)) the sixth digit of his SSN as an "8" instead of a "3" * Item 9 (Date of Birth (DOB)) to show the year of birth as "1947" instead of "1944" * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to delete the Bronze Star Medal and add the Air Medal and Army...