BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018854 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018854 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 (1st Award) for the period 27 October 1965 through 15 October 1967, b. deleting the current entry in item 3 of his DD Form 214 and replacing it with the SSN shown on his DD Form 398, c. deleting award of the Vietnam Service Medal from his DD Form 214, and d. adding the following awards to his DD Form 214: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Pistol Bar 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 amending the DOB shown on his DD Form 214. ___________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. BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018854 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: a. his social security number (SSN) as XXX-XX-X4XX, b. his date of birth (DOB) as 29 , and c. award of the: * Army Commendation Medal * Vietnam Service Medal with one bronze service star * Marksman Marksmanship Qualification Badge with Pistol Bar 2. The applicant states: * his SSN is XXX-XX-X4XX, not XXX-XX-X0XX * his DOB is 29 , not 29  * his authorized medal list shown on his DD Form 214 is incomplete 3. The applicant provides: * letter from the Department of Veterans Affairs, dated 20 July 2015 * social security card * Medicare health insurance card * letter from the Arkansas Department of Health and Human Services, dated 21 April 2006 * birth certificate * letter from the National Personnel Records Center, dated 12 June 2015 * 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. The applicant was inducted into the Army of the United States on 27 October 1965. His DD Form 47 (Induction Record) shows his DOB as 29 . 3. His DD Form 398 (Statement of Personal History), dated 16 February 1966, shows his SSN as XXX-XX-X4XX. 4. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as Marksman with the .45 caliber pistol on 10 October 1966. 5. He departed the continental United States en route to Vietnam on 28 December 1966. He served as a military policeman assigned to the following units in Vietnam during the periods indicated and participated in two campaigns: * 218th Military Police Company from 18 January 1967 to 29 May 1967 * 101st Military Police Platoon, 1st Brigade, 101st Airborne Division, from 31 May 1967 to 12 October 1967 6. Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 1941, dated 23 September 1967, awarded him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period 18 January 1967 to 21 September 1967. 7. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. 8. On 15 October 1967, he was honorably released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 19 days of creditable active service with no time lost. 9. His DD Form 214 shows in: * item 3 (SSN) – XXX-XX-X0XX * item 9 (DOB) – 29  * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 10. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. His records contain no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 11. He provided a copy of his social security card showing his SSN as XXX-XX-X4XX. 12. He provided a copy of his Arkansas Department of Health Division of Vital Records Delayed Certificate of Birth, filed on 21 April 2006, showing his DOB as 29 . 13. He also provided a letter from the National Personnel Records Center, dated 12 June 2015, showing he was authorized shipment of the following awards: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Pistol and Rifle Bars * Parachutist Badge REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214. The instructions for item 3 stated to check the member's records with the member's social security card when possible; otherwise, verify the accuracy with the SSN of record. 2. 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 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 3. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with award of the Vietnam Service Medal for each campaign a member is credited with participating in. 4. 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 the 218th Military Police Company was awarded the Meritorious Unit Commendation for exceptionally meritorious achievement in support of military operations in the Republic of Vietnam during the period 1 May 1967 to 30 April 1968 in Department of the Army General Orders Number 55, dated 1968. 5. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units for service during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units for service during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant's DD Form 398 shows his SSN as XXX-XX-X4XX, the same SSN shown on his social security card. It appears that an administrative error occurred when recording his SSN on his DD Form 214. 2. General orders show he was awarded the Army Commendation Medal. His DD Form 214 does not show this medal. 3. He participated in two campaigns during his service in Vietnam and is authorized two bronze service stars with his award of the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 4. His DA Form 20 shows he qualified as Marksman with the .45 caliber pistol on 10 October 1966. His DD Form 214 does not show the Marksman Marksmanship Qualification Badge with Pistol Bar. 5. He completed 1 year, 11 months, and 19 days of active service, ending with his release from active duty on 15 October 1967. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 6. The 218th Military Police Company was awarded the Meritorious Unit Commendation for meritorious achievement during the period in which he was assigned to the unit. His DD Form 214 does not show this unit award. 7. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show this unit award. 8. The applicant contends the DOB shown on his DD Form 214 is incorrect. 9. Although the birth certificate provided by the applicant shows his DOB as 29 , the evidence of record shows he reported his DOB as 29 . He served in and was released from active duty using the DOB 29 . 10. For historical purposes, the Army has an interest in maintaining the accuracy 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. 11. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and the DOB shown on his delayed birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018854 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018854 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2