IN THE CASE OF BOARD DATE: 15 April 2014 DOCKET NUMBER: AR20130014820 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: * his date of birth (DOB) as  June * award of the Bronze Star Medal (BSM) with 1st Oak Leaf Cluster 2. The applicant states his DOB on the DD Form 214 is incorrect due to a typographical error and the BSM with 1st Oak Leaf Cluster was omitted from his DD Form 214. 3. The applicant provides his DD Form 214, birth certificate, and orders for award of the BSM with 1st Oak Leaf Cluster. 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. On 10 June 1968, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed his DOB as  June . 3. He was inducted into the Army of the United States on 12 June 1968. His DD Form 47 (Record of Induction) shows his DOB as  June . 4. Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Automatic Rifle Bar (M-16). 5. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he departed the continental United States on 27 May 1969 * item 38 (Record of Assignments), he served with Headquarters and Headquarters Company, 2d Battalion, 27th Infantry Regiment, 25th Infantry Division, in Vietnam * item 38, he received all "excellent" conduct and efficiency ratings throughout his active duty service 6. Headquarters, 25th Infantry Division, General Orders Number 14808, dated  November 1969, awarded him the BSM. 7. Headquarters, 25th Infantry Division, General Orders Number 3331, dated 28 March 1970, awarded him the BSM with 1st Oak Leaf Cluster. 8. His record is void of derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM). 9. On  April 1970, he was honorably released from active duty in the rank of specialist five after completing 1 year, 10 months, and 18 days of active duty service with no lost time. 10. His DD Form 214 shows: a. his DOB as  July ; and b. he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, and BSM. 11. He provided a copy of his birth certificate that shows his DOB as  June . 12. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 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. 13. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam participation credit was awarded for the following three campaigns: * Tet 69 Counteroffensive 1969 (23 February-8 June 1969) * Vietnam Summer-Fall 1969 (9 June-31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) 14. Army Regulation 600-8-22 further states a bronze oak leaf cluster is awarded to denote the second and succeeding awards of the BSM. 15. 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 that during his assignment to the 2d Battalion, 27th Infantry Regiment, this battalion was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 in Department of the Army General Orders Number 51, dated 1971 DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show his DOB as  June and the second award of the BSM has been carefully considered. 2. His DD Form 398 and DD Form 47 show his DOB as  June . He provided a copy of his birth certificate which shows the same DOB as shown on his enlistment documents. It appears that an administrative error occurred during preparation of his DD Form 214. Therefore, his DD Form 214 should be corrected to show his DOB as shown on the aforementioned military and civilian documents. 3. General orders show he was awarded the BSM with 1st Oak Leaf Cluster. Therefore, his DD Form 214 should be corrected to show this award. 4. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16). These badges should also be added to his DD Form 214. 5. The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the AGCM. Therefore, he should be awarded the AGCM (1st Award) for the period 12 June 1968 to  April 1970 and his DD Form 214 should be corrected to show this award. 6. He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded VSM. Therefore, his DD Form 214 should be corrected to show these bronze service stars. 7. His unit in Vietnam was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ __ X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 AGCM (1st Award) for the period 12 June 1968 to  April 1970, b. deleting the current DOB entry from his DD Form 214 and replacing it with the entry " June ," c. deleting award of the BSM and VSM from his DD Form 214, and d. adding the following awards to his DD Form 214: * BSM (2nd Award) * AGCM (1st Award) * VSM with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Automatic Rifle Bar (M-16) _______ _ 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) AR20130014820 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130014820 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1