IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140009896 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by changing his date of birth (DOB) from 4 June 19XX to 4 January 19XX and adding the following awards:

*  Bronze Star Medal
* 2nd award of the Purple Heart
* Combat Infantryman Badge

2.  The applicant states, in effect, he recently found his DD Form 214 and noticed the errors.

3.  The applicant provides:

* DD Form 214
* birth certificate
* Bronze Star Medal award citation
* letter from Office of the Adjutant General
* Purple Heart 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 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 enlisted in the Regular Army on 13 March 1968.  After completing initial training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served as an Infantryman in Vietnam from 4 April 1969 to 23 June 1969.  Following his service in Vietnam, he was a drill sergeant at Fort Ord, CA.  The highest rank/grade held was staff sergeant/E-6.

3.  Available records show:

* his DOB is consistently reflected as 4 January 19XX vice 4 June 19XX (as shown on his DD Form 214)
* while deployed to Vietnam, he was first assigned to Company A, 2nd Battalion, 5th Cavalry Regiment as an 11B squad leader from on or about 12 April 1969 to on or about 30 April 1969
* he was then assigned as a squad leader to Company D, 2nd Battalion, 5th Cavalry Regiment from on or about 1 May 1969 to on or about 23 June 1969
* he has qualifying service for two campaigns:  Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) and Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* General Orders (GO) Number 129, issued by Headquarters 12th Evacuation Hospital (Surgical Mobile (SMBL)), Vietnam, dated 16 May 1969, awarded him the Purple Heart for wounds received on
15 May 1969
* GO Number 6527, issued by Headquarters, 1st Air Cavalry Division (Airmobile), Vietnam, dated 26 May 1969, awarded him a second Purple Heart for wounds received on 14 May 1969
* GO Number 8267, issued by Headquarters, 1st Air Cavalry Division, Vietnam, dated 4 July 1969, awarded him the Bronze Star Medal for the period April 1969 to May 1969
* SO Number 212, issued by Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, dated 14 October 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with the Rifle Bar (M-16)

4.  GO Number 11884, issued by Headquarters, 1st Air Cavalry Division (Airmobile), Vietnam, dated 28 September 1969, awarded him the Army Commendation Medal with "V" device for heroism.  The citation reads:

For heroism in connection with military operations against a hostile force in the Republic of Vietnam.  [Applicant] distinguished himself by heroism in action on 27 April 1969, while serving with D Company, 2d Battalion (Airmobile), 5th Cavalry during a search and clear mission in Tay Ninh Province, Republic of Vietnam.  When his unit became heavily engaged with a large enemy force, [Applicant], with complete disregard for his personal safety, exposed himself to the intense hostile file as he placed a heavy volume of suppressive fire on enemy emplacements.  His tremendous fire power provided a cover, enabling wounded to be evacuated.  His display of personal bravery and devotion to duty is in keeping with the highest traditions of the military service, and reflects great credit upon himself, his unit, and the United States Army.

5.  He was honorably released from active duty on 12 March 1971.  His DD Form 214 shows his DOB as 4 June 19XX.  Also shown are the following awards:

* Purple Heart
* Army Commendation Medal with "V" device
* Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  The applicant provides a birth certificate showing a DOB of 4 January 19XX.

7.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.  It states all available records will be used as a basis for the preparation of the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  It states:

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
	b.  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 will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  Additionally, the award of the Combat Infantryman Badge is authorized for infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 
8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Available records consistently show, and the birth certificate provided by the applicant confirms, his DOB is 4 January 19XX.  The date reflected on the DD Form 214 is a clerical error and, as such, should be corrected.

2.  GO awarded the applicant a Bronze Star Medal and a second award of the Purple Heart.  His DD Form 214 does not show these awards and should be corrected accordingly.

3.  As the GO awarding him an Army Commendation Medal with "V" device clearly shows, the applicant meets the criteria for the award of the Combat Infantryman Badge, as shown below.  As such, he should be awarded the Combat Infantryman and his DD Form 214 should be so corrected.

* he was an enlisted man serving in the MOS of 11B
* he served in qualifying units
* he was personally present and under fire in active ground combat against the enemy

4.  Records show the applicant has qualifying service for the award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should therefore be corrected to add these awards.


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 Combat Infantryman Badge effective 27 April 1969,

	b.  amending his DD Form 214 to show a DOB of 4 January 19XX.

	c.  deleting the Vietnam Service Medal from his DD Form 214,

	d.  adding to his DD Form 214 the award of the:

* Bronze Star Medal
* Purple Heart (2nd Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge




      ___________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)                                         AR20140009896





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ABCMR Record of Proceedings (cont)                                         AR20140009896



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