IN THE CASE OF: BOARD DATE: 3 March 2016 DOCKET NUMBER: AR20150005202 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 in: * Items 5a (Grade, Rate or Rank) and 4b Pay Grade) Private First Class (PFC) and E-3 instead of private (PVT) and E-2 * Item 9 (Date of Birth (DOB) the year of birth as 7 instead of 2 * Item 20 (Place of Entry Into Current Active Service (City, State)) to show Coral Gables, Florida instead of Miami, Florida * Item 21 (Home of Record (HOR) at the Time of Entry onto Active Service) to show "2600 N.W. 46th Street, Miami, Florida" instead of "1320 N.W. 65th Terrace, Miami, Florida" * Item 22c (Foreign and/or Sea Service) to show he completed 3 months and 25 days instead of 4 months and 10 days * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show additional awards. * Item 25 (Education and Training Completed) to show his training courses * Item 26a (Non-Pay Periods Time Lost (Preceding Two Years)) to show the correct time * Item 30 (Remarks) to show his Civilian Education as 9th Grade and Blood Type as B Positive * Item 31 (Permanent Address for mailing Purposes after Transfer or Discharge) to show "1320 N.W. 65th Terrace, Miami, Florida, 33147" 2. The applicant states: * for some reason, the DD Form 214 he has contains entries that are different from the one he recently received from his official records * the copy he has (marked Copy 1) contains multiple errors, particularly entries that read NVAL (No Valid Entry) * even the copy he received (marked Copy 2) also contain administrative errors * he believes the copy he has (marked Copy 1) is the correct form 3. The applicant provides: * DD Form 214 marked Copy 1 and the hand-written entry "Correct Copy" * DD Form 214 marked Copy 2 and the entry "some wrong information" * DD Form 215 (Correction to DD Form 214 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 connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History). On this form, he listed his: * DOB as XX September 7 * Attended Booker Washington High School from 9/1963 to 12/1963 * Permanent Mailing Address as 2600 N.W. 48th Street (Miami, Florida) * Place of Birth as Miami, Florida 3. He was inducted into the AUS on 1 February 1968. His DD Form 47 (Record of Induction) listed his/he: * DOB as XX September 7 * HOR as 2600 N.W. 48th Street, Miami, Florida, 33142 * Completed 9 years of education * Determination at Induction Examination was completed at the Armed Forces Examining Entrance Station (AFEES), Coral Gables, Florida * Induction Station at Which Inducted as AFEES, Coral Gables, Florida 4. He entered active duty on 1 February 1968. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as XX September 7 and that he attended Booker Washington High School, Miami, Florida, 9 years. 5. On 9 February 1968, a National Agency Check was initiated pertaining to the applicant. This form lists his DOB as XX September 7. It also lists his last residence address was "26 NW 48th Street, Miami, Florida." 6. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 1 February 1968. 7. Special Orders (SO) Number 55, issued by Headquarters, 2nd Training Brigade, U.S. Army Training Center, Fort Gordon, GA awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 8. SO Number 74, issued by Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, SC, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 9. He arrived in Vietnam on or about 1 October 1968. He was assigned to Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division. In Vietnam, Headquarters, 1st Cavalry Division published the following SO or General Orders (GO) awarding him: * GO Number 2626, on 3 March 1969, the Purple Heart for wounds received in action on 27 February 1969 * SO Number 65, on 6 March 1969, awarding him the Combat Infantryman Badge * SO Number 72, on 13 March 1969, promoting him to specialist four (SP4)/E-4 effective 20 February 1969 * GO Number 6586, on 27 May 1969, awarding him the Air Medal for meritorious achievement from September 1968 to May 1969 10. On 1 May 1969, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for being absent without leave (AWOL) from 1 to 23 April 1969 and from 24 to 25 April 1969 for breaking restriction. His punishment consisted of a reduction to PFC/E-3. 11. On 14 June 1969, Headquarters, 1st Cavalry Division, published SO Number 165 reducing him to PFC/E-3 effective 18 May 1969 by reason of misconduct. 12. Also on 14 June 1969, he departed his unit in an AWOL status. He returned to military control on 24 June 1969. He then departed AWOL again on 26 June 1969 and returned to military control on 26 July 1969. 13. On 26 July 1969, he was placed in a prisoner status at the U.S. Army Correctional Holding Detachment, U.S. Army Vietnam, awaiting disposition of his AWOL charges. 14. On 15 September 1969, he was convicted by a special court-martial of one specification of AWOL from 14 to 25 June 1969 and two specifications of disobeying a lawful command. The court sentenced him to confinement at hard labor for 4 months and reduction to private/E-1. 15. On 7 October 1969, the convening authority approved his sentence and ordered it executed. The applicant was confined at the U.S. Army Correctional Holding Detachment, U.S. Army Vietnam, from 15 September to 7 October 1969. 16. Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date ETS) shows he was confined from 26 July 1969 to 30 October 1969 (97 days). 17. On 30 October 1969, Headquarters, 18th Military Police Brigade, Vietnam, published Special Court-Martial Order Number 364, that ordered the unexecuted portion of the sentence to confinement at hard labor for 4 months suspended effective 31 October 1969 until 31 December 1969 at which time, unless the suspended sentence was sooner vacated, the suspended portion of the sentence would be remitted without further action. 18. Also on 31 October 1969, following his release from confinement, he was advanced to the rank/grade of PVT/E-2. 19. He departed Vietnam on or about 24 January 1970, enroute to Fort Lewis, WA. On 26 January 1970, Headquarters, U.S. Army Personnel Center, Fort Lewis, published SO Number 26 ordering his separation from active duty effective 26 January 1970. The SO listed his: * HOR as Miami, Florida * Mailing Address as 1328 N.W. 65th Terrace, Miami, Florida, 33147 * Place Entered Active Duty: Miami, Florida 20. He was honorably released from active duty on 26 January 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214, copy 2 (the form in his official service records) shows in: * Items 5a and 5b show his rank and grade as PVT and E-2 * Item 9 shows the year of birth as 2 * Item 15 (Reentry (RE) Code) shows the entry RE-NA * Item 20 shows the Miam, Florida * Item 21 shows his HOR at the time of entry on active duty as "1320 N.W. 65th Terrace, Miami, Florida" * Item 22a(1) (Net Service This Period) shows 1 year, 11 months, and 26 days * Item 22a(2) (Other Service) shows None * Item 22a(3) (Total) shows 1 year, 11 months, and 26 days * Item 22b (Total Active Service) shows 1 year, 11 months, and 26 days * Item 22c shows 4 months and 10 days * Item 24 shows he was awarded or authorized the National Defense Service Medal * Item 25 shows no military training * Item 26a shows no time lost * Item 30 shows his civilian education level as 12th Grade and his Blood Type as O Positive * Item 31 shows his permanent address for the purpose of mail after separation as "1320 N.W. 65th Terrace, Miami, Florida, 33147" 21. On 22 July 1971, he was issued a DD Form 215 (Correction to DD Form 214) that amended several entries as follows: * Item 15, RE-3B instead of RE-NA * Item 22a(1), 1 year, 6 months, and 16 days instead of 1 year, 11 months, and 26 days * Item 22a(3), 1 year, 6 months, and 16 days instead of 1 year, 11 months, and 26 days * Item 22b, 1-6-16 * Item 22c, 10 months and 14 days instead of 4 months and 10 days * Item 26a, lost time from 1 to 23 April 1969, 14 to 24 June 1969, 26 June to 24 July 1969, and 26 July to 30 October 1969 * Item 30, added 160 days of lost time under Title 10, U.S. Code, section 972, 1 to 23 April 1969, 14 to 24 June 1969, 26 June to 24 July 1969, and 26 July to 30 October 1969 22. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The separation document provides the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The version of this regulation, in effect at the time of his discharge, states: * items 5a and 5b show the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary * item 9, is self-explanatory and is obtained from the Soldier's records * item 15, enter the applicable RE Code; an RE-3B indicated the Soldier was ineligible for reenlistment due to lost time, except when a waiver is granted by the appropriate authority * item 20, for enlisted personnel who were inducted, enter the place at which the induction was accomplished * item 21, for enlisted personnel, enter the HOR at the time of entry into active duty as shown on the enlistment or induction record, regardless of place physically located at the time of entry on active duty * item 22a(1), for enlisted personnel, enter total active service completed between the dates of entry and separation, less time lost under Title 10, U.S. Code, section 972, and time lost subsequent to normal expiration of term of service * item 22a(2), for enlisted personnel, enter all prior service * item 22a(3), enter the total service by adding the entries in items 22a(1) and 22a(2) * item 22b, for enlisted personnel, enter total active service the Soldier had completed beginning with the earliest date of active service, less any time lost under Title 10, U.S. Code, section 972 * item 22c, for enlisted personnel, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, such as U.S. Army Pacific (USARPAC) * item 24, enter all decorations, service medals, campaign credit, and badges awarded or authorized omitting the authorities cited therein * item 25, for enlisted personnel, enter installation training courses (qualification courses) and off duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 * item 26a, enter inclusive dates of non-pay periods or time lost during the preceding 2 years * item 30, enter mandatory entries or entries too long for their respective items, such as the civilian education, blood type/group * item 31, enter the permanent address for mailing purposes furnished by the individual upon separation; this should be a place of residence or forwarding address; if the member is not present, the home of record would be used 23. Item 26(a) and item 30 of the DD Form 214 show mandatory entries. One of those entries pertained to time lost under Title 10, U.S. Code, section 972. The regulation requires that the dates of time lost during the current enlistment will be entered on the DD Form 214. For enlisted personnel, the inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972, and periods of non-inclusive time after ETS will be entered. Time lost under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veterans' benefits; however the Army preserves a record of it (even after it has been made up) to explain which service between the date of entry on active duty and the date of separation is creditable service. 24. A review of his records indicates his entitlement to additional awards which are not shown in his records. Army Regulation 600-8-22 (Military Awards) states: a. 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. Approved campaigns from 1 October 1968 to 26 January 1970, include: * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) c. 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. 25. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 12th Cavalry was cited for multiple awards in Vietnam: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 based on DAGO Number 56, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from May 1969 to February 1970 based on DAGO Number 11, dated 1973 * Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 1 January 1969 to 1 February 1970 based on DAGO Number 42, dated 1972 DISCUSSION AND CONCLUSIONS: 1. The applicant was inducted for a 2-year term on 1 February 1968. He was separated on 26 January 1970. He served in Vietnam from on or about 1 October 1968 to on or about 24 January 1970. He had multiple periods of lost time due to AWOL and confinement. 2. With respect to the rank/grade, the applicant was convicted by a court-martial on 15 September 1969 that resulted in his confinement and his reduction to PVT/E-1. Upon his release from confinement on 30 October 1969, he was advanced to PVT/E-2. On 31 October 1969, this is the rank/grade that he held at the time of his separation. He did not hold the rank/grade of PFC/E-3 on the date of his separation. His DD Form 214 correctly shows his rank/grade of PVT/E-2. 3. With respect to the year of birth, the applicant listed his DOB as X September 7. His year of birth (7) is consistent throughout his military service. It appears his DD Form 214 inadvertently listed an incorrect year of birth (2). 4. With respect to the place of entry into current active service, the applicant's "Induction Station at Which Inducted as AFEES" is shown as Coral Gables, Florida, on his Induction Record. It is reasonable to believe he entered active duty from that station instead of Miami, Florida, despite its close proximity to Miami, Florida. 5. With respect to the HOR, his Record of Induction identified his HOR as "2600 N.W. 48th Street, Miami, Florida, 33142." His DD Form 214 inadvertently listed an incorrect HOR of "1320 N.W. 65th Terrace, Miami, Florida." 6. With respect to his foreign service, the available evidence show she served in Vietnam from on or about 1 October 1968 to on or about 24 January 1970. However, he had multiple periods of lost time due to AWOL and confinement during his service in Vietnam. When subtracting his lost time from his total service in Vietnam, the resultant is 10 months and 14 days. He was issued a DD Form 215 that credited him with 10 months and 14 days. But it did not list the major overseas theater, USARPAC. 7. With respect to his awards: a. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Combat Infantryman Badge. None of these badges are shown on his official DD Form 214. b. GO awarded him the Purple Heart and Air Medal. Neither award is shown on his DD Form 214. c. He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960). This award is not shown on his DD Form 214. d. He served a qualifying period of service for award of the Vietnam Service Medal with at least one bronze service star. Due to his multiple periods of AWOL/confinement in Vietnam, his campaign participation credit cannot be determined. c. GO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service with that unit. Neither unit award is listed on his DD Form 214. 8. With respect to his education and training completed, there is insufficient evidence, such as a certificate of training, an academic report, or other evidence, in his records to show he completed any. 9. With respect to his non-pay dates. When his DD Form 214 was processed, it did not list his dates of lost time. He was AWOL or confined on multiple occasions. The DD Form 214 was corrected via the issuance of a DD Form 215 that accounted for his lost time. There is no error here. 10. His Blood Group is listed as O positive on his DD Form 214. His blood type is not indicated anywhere in his records. Although the blood type does not normally change throughout a person's life, the applicant provides no evidence to support this contention. 11. With respect to his permanent address, by regulation item 31 shows the permanent address for mailing purposes furnished by the individual upon separation; this should be a place of residence or forwarding address. If the member is not present, the home of record would be used. Since the HOR is being corrected in item 21 to show "2600 N.W. 48th Street, Miami, Florida, 33142," the current entry in item 31 (Same as 21) remains valid and there is no need to change it. 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 9 "42" and adding "47" * deleting from item 20 the entry "Miami" and adding the entry "Coral Gable" * deleting from item 21 the entry "1320 N.W. 65th Terrace, Miami, Florida" and adding the entry "2600 N.W. 48th Street, Miami, Florida, 33142" * adding to item 26 the following awards: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 * Combat Infantryman Badge * Purple Heart * Air Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one bronze service star * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * deleting from "Civilian Education: 12" from item 30 and adding "Civilian Education: 9" 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 his: * rank/grade of PFC/E-3 * blood group * permanent address * non-pay dates * training completed __________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) AR20150005202 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005202 11 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1