IN THE CASE OF:  	  

		BOARD DATE:  24 September 2015	  

		DOCKET NUMBER:  AR20150002000


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 he was awarded or authorized the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  He further requests correction of his DD Form 214 to show his date of birth (DOB) as 25 July 19XX instead of 24 July 19XX.

2.  The applicant states he should have had these medals listed and issued at the time of his discharge.  He served in the Republic of Vietnam for 13 months.  He's qualified to receive the Army Good Conduct Medal since he received a Letter of Commendation and the Purple Heart during his service in Vietnam.  Even though it has been all of these years, it is very important that his military records (including his DD Form 214) reflect what he did during his service in the Army, and the fact that he served in the Republic of Vietnam.  He is very proud of his service, both in the U.S. and in Vietnam.

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

* a Letter of Commendation, issued by the Service Platoon Leader of the 118th Aviation Company on 9 July 1965
* Special Orders Number 222, issued by Headquarters, U.S. Army Personnel Center, Oakland, California on 10 August 1965
* his State of Ohio Certification of Birth


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.  In preparation for his enlistment in the Regular Army, the applicant completed a DA Form 161 (Application for Enlistment of High School Graduates for Specific Army Schooling) on 30 October 1962.  On this form, he listed his DOB as 24 July 19XX.  He authenticated this document with his signature, attesting to its correctness.

3.  The applicant enlisted in the Regular Army on 7 November 1962.  His DOB is listed on his DD Form 4 (Enlistment Record – Armed Forces of the United States) as 24 July 19XX.  He authenticated this document with his signature, attesting to its correctness.

4.  He completed his basic training at Fort Gordon, Georgia and his advanced individual training at Fort Jackson, South Carolina.  After completing his initial entry training, he was awarded military occupational specialty 64B (Heavy Vehicle Driver).  After completing his initial entry training, he was reassigned to Fort Lee, Virginia.

5.  He served in the Republic of Vietnam from on or about 16 July 1964 through on or about 9 August 1965.  During this period of service, he was assigned to the 61st Quartermaster Detachment.

6.  He was promoted to the rank/grade of specialist four/E-4 on 15 September 1964, which is the highest rank/grade he attained during his period of active military service.

7.  He was honorably released from active duty on 6 November 1965 and transferred to the U.S. Army Reserve.  His DD Form 214 shows in:

	a.  Item 6 (DOB), his DOB listed as 24 July 19XX and
	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Armed Forces Expeditionary Medal (Vietnam)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar

8.  The applicant's record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 6 (DOB), his DOB typed as 24 July 19XX.  He authenticated this document with his signature, attesting to its correctness.  

9.  His record is void of any documentation that shows his DOB as 25 July 19XX.

10.  He provides his State of Ohio Certification of Birth, which shows his DOB as 25 July 19XX.

11.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his                DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the Army Good Conduct Medal and there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15 of the Uniform Code of Military Justice.

12.  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 first award only, 1 year served entirely during the period 7 December 1941 to 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-martial.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974,             2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

   b.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual (emphasis added).  No person will be entitled to both awards for Vietnam service.

	c.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for each campaign the member is credited with participating in.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam (emphasis added).

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

15.  A review of the applicant's records indicates he is authorized additional awards which are not shown on his DD Form 214.

16.  The applicant's record contains a Western Union telefax from The Adjutant General, addressed to his parents on 19 September 1968, which informed them that he had been slightly wounded in Vietnam on 1 November 1964 as a result of hostile action.  He sustained metal fragment wounds and lacerations to his left arm when the airfield he was occupying received heavy hostile mortar fire.  The message further informed his parents that he had been treated by the 93rd Medical Detachment and returned to duty.

17.  Army Regulation 600-8-22 provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  According to this pamphlet, during the period the applicant was assigned, the 61st Quartermaster Detachment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974, for the period 8 February 1962 to 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960), and to show his DOB as 25 July 19XX instead of 24 July 19XX, was carefully considered.

2.  The applicant served on active duty from 7 November 1962 through               6 November 1965.  Records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the initial award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (First Award) and to correct his DD Form 214 to show it.

3.  The applicant served a qualifying period of honorable service for award of the National Defense Service Medal.  This medal is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

4.  The applicant served a qualifying period of service in the Republic of Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  This foreign service award is not shown on his DD Form 214 and should be added to his DD Form 214.

5.  His record contains a Western Union telefax that shows he was wounded as the result of hostile fire on 1 November 1964 and his wounds were treated prior to his return to his unit.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

6.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214.  His DD Form 214 should be corrected to show it. 

7.  He served in Vietnam from on or about 16 July 1964 through on or about 9 August 1965, a period of 1 year and 24 days for which he was awarded the Armed Forces Expeditionary Medal.  Prior to his release from active duty, the Vietnam Service Medal was authorized for a period of qualifying service in Vietnam.  

8.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual concerned.  As such, no person will be entitled to both awards for Vietnam service.  The applicant is qualified for the Vietnam Service Medal; however, he has not specified his preference for this medal over the Armed Forces Expeditionary Medal.  Therefore, this portion of the requested relief cannot be granted at this time.

9.  The evidence of record shows the applicant listed 24 July 19XX as his DOB throughout the entire period of his active military service.  He authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of the represented DOB.  The contested DOB is consistently represented in the documents contained in his MPRJ.

10.  He submitted his State of Ohio Certification of Birth, which shows his DOB as 25 July 19XX; however, he did not claim this DOB during his entire period of military service.

11.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

12.  It is understandable that he now desires to record the DOB shown on his birth certificate in his military records; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  However, a copy of this decisional document will be filed in his records to clarify the difference between the DOB listed in his records and that listed on his birth certificate.

13.  In view of the foregoing, there is an insufficient basis to grant this portion of the requested relief.

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.  awarding him the Army Good Conduct Medal (First Award) for the period
7 November 1962 through 6 November 1965; 

	b.  awarding him the Purple Heart for wounds sustained as a result of hostile action on 1 November 1964; and

	c.  amending his DD Form 214 by adding the:

* Purple Heart
* Army Good Conduct Medal (First Award)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correcting his DD Form 214 to show he is authorized the Vietnam Service Medal or to show his DOB as 25 July 19XX.





      __________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20150002000



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