IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR200011738 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR200011738 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. amending item 9 on his DD Form 214 to show the DOB listed on his Certificate of Live Birth; b. amending item 24 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already awarded Vietnam Service Medal; and c. amending item 30 to add the entry "Service in Vietnam 26 March 1967 to 11 March 1968." __________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. IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR200011738 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, correction of item 9 (Date of Birth) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as July . He also requests correction of his DD Form 214 to show his dates of service in Vietnam. 2. The applicant states, in effect, the DOB listed on his DD Form 214 is incorrect. 3. The applicant provides copies of his DD Form 214 and Certificate of Live Birth. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 52(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 22 March 1965: a. his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows  August as his DOB; b. his DD Form 398 (Statement of Personal History), dated 10 May 1965, shows his DOB as July ; and c. his DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450) shows his DOB as July . 3. The applicant arrived in Vietnam on 26 March 1967 and he was assigned to the 820th Ordinance Company. He participated in three campaigns. 4. The applicant departed Vietnam enroute to the United States on 11 March 1968. 5. He was honorably released from active duty as an overseas returnee on  March 1968. His DD Form 214 shows: a. item 9 – " Aug 46"; b. item 22c (Foreign and/or Sea Service) – US Army Pacific Command (USARPAC), 11 months and 24 days; c. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * two Overseas Service Bars * Expert Marksmanship Qualification Badge (Rifle M-14) 6. Item 30 (Remarks) on his DD Form 214 does not show his dates of service in Vietnam. 7. The applicant provides a copy of his Certificate of Live Birth, which shows his DOB as July . REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. Total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. b. Service on or after 5 August 1964 in Indochina and Korea is shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea. 2. Army Regulation 600-8-22 (Military Awards) states: a. A bronze service star is authorized based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. In this case, a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. b. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Although the documents contained in his OMPF show two DOBs, he provides a copy of his Certificate of Live Birth, which shows July as his DOB. The DOB listed on his Certificate of Live Birth is the same DOB listed on his DD Form 398. 2. The evidence of record shows that the applicant was in Vietnam from 26 March 1967 through 11 March 1968. These dates are currently not listed on his DD Form 214. 3. He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars on his already-awarded Vietnam Service Medal based on his service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR200000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR200011738 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR200011738 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2