BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005036 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 reissued DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 24 June instead of , as well as award of the Republic of Vietnam Campaign Medal. 2. The applicant states his DD Form 214 lists an incorrect DOB and omitted the Republic of Vietnam Campaign Medal. 3. The applicant provides his voided DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and 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 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's records show he enlisted in the Regular Army on 29 June 1971. Item 21 (DOB) of his DD Form 4 (Enlistment Contract-Armed Forces of the United States) listed his DOB as . 3. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, listed his DOB as 1952. However, this entry is crossed out and another entry is placed on top of it that reads . 4. The applicant completed a DD Form 398 (Statement of Personal History) on 27 October 1972 and listed his DOB as . Additionally, his records contain the following documents: * DD Form 373 (Consent, Declaration of Parent or Legal Guardian), that listed his DOB as * DD Form 1584 (National Agency Check Request) that listed his DOB as 1952 * DA Form 428 (Application for Identification card) that listed his DOB as 24 June 1952 (the 52 is crossed out; a hand-written entry next to it reads 53) 5. His DA Form 20 shows he served in Vietnam from on or about 5 May 1972 to on or about 27 June 1972. He was assigned to the 1st Cavalry Division. 6. He was discharged from active duty on 22 December 1972 at Fort Dix, NJ by reason of unfitness with a general (under honorable conditions) discharge. His DD Form 214 shows in: * Item 9 (DOB), the entry "24 JUN " * Item 22c (Foreign and/or Sea Service) 1 month and 23 days * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Vietnam Service Medal 7. On 30 April 1973, he was issued a DD Form 215 (Correction to DD Form 214) that corrected his foreign service from 1 month and 23 days to 5 months and 13 days and listed his Vietnam service from 5 May 1972 to 17 October 1972. 8. On 6 February 1990, following his petition to this Board, the Board granted him relief with respect to the character of service. As a result, his DD Forms 214 and 215 were voided. He was issued a new DD Form 215 that shows in: * Item 5 (DOB), the entry 530624 ( ) * Item 12f (Foreign Service), 5 months and 13 days * Item 13 (Decorations Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, one overseas service bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Item 18 (Remarks), in part, Vietnam Service from 5 May 1972 to 17 October 1972 9. Army Regulation 600-8-22 states 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. 10. He provides a birth certificate that lists a name similar to his with the DOB as . DISCUSSION AND CONCLUSIONS: 1. The applicant's service records contains at least one document that listed his DOB as . This DOB is consistent with the birth certificate he provides. This is sufficient to correct the DOB listed on his DD Form 214. 2. Qualifying service for award of the Republic of Vietnam Campaign Medal included assignment in Vietnam for 6 months or more. The applicant completed 5 months and 13 days of service in Vietnam. He does not meet the criteria for this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X_____ __X______ __X__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 deleting from item 5 of his reissued DD Form 214 the existing entry and adding the entry "-06-24" in its place. 2. The Board further determined that 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 the Republic of Vietnam Campaign Medal. _______ _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) AR20150005036 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005036 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1