IN THE CASE OF: BOARD DATE: 6 November 2020 DOCKET NUMBER: AR20200002061 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 5a (Grade, Rate or Rank): Specialist Four/E-4 vice Private First Class (PFC)/E-3 * item 9 (Date of Birth): * item 10c (Date Inducted): * item 11d (Effective Date): * item 20 (Place of Entry): Fort Jackson, SC vice Fort Brooke, PR * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Purple Heart * item 30 (Remarks): Service in Vietnam 18 August 1967 to 20 August 1968 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, for the period ending 20 March 1969 * Birth Certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant's DD Form 214 lists the Purple Heart as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). No further action is required regarding this issue. 3. The applicant’s record contains sufficient evidence to support correction of his DD Form 214 by adding other awards and his service in Vietnam, and adjusting his date of induction. His DD Form 214 will be administratively corrected without Board action * Item 10c (Date Inducted), 16 March 1967 * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized: four bronze service stars with his already-awarded Vietnam Service Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation * Item 30 (Remarks): adding “Service in Vietnam from 19 August 1967 to 18 August 1968. 4. The Board will consider the applicant’s request for rank adjustment, date of birth, date of discharge, and place of entry. 5. The applicant provides his birth certificate, which shows his date of birth as _ 6. A review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 16 March. His DD Form 47 (Record of Induction) shows his date of birth as and the place of entry as San Juan, PR. b. Following his induction and entry on active duty, he was assigned to Fort Jackson, SC for training and award of military occupational specialty 11B (Light Weapons Infantryman). c. He served in Vietnam from 19 August to 18 August 1968, through four campaigns. He was assigned to Company D, 2nd Battalion, 61st Infantry. d. General Orders Number 8743, dated 9 December 1967 awarded the applicant the Purple Heart. e. His DA Form 20 (Enlisted Qualification Record) shows in: * item 2 (Grade): PFC/E-3 * item 3 (Date of Rank): 9 January 1969 * item 6 (Date of Birth): _1 April 19_1 * item 33 (Appointments and Reductions): * private (PVT)/E-1; 16 March 1967 * private/E-2; 16 July 1969 * PFC/E-3 (P); 22 August 1967 * specialist/E-4 (T); 22 November 1967 * PFC/E-3 (P): 9 January 1969 * item 40 (Wounds) fragment wound to upper right arm f. On 20 March 1969, he was honorably released from active duty. His DD Form 214 shows he completed 2 years of active service. It also shows in: * items 5a (Grade, Rate or Rank) and 5b (Pay Grade): PFC (P)/E-3 * item 6 (Date of Rank): 9 January 1969 * item 9 (Date of Birth): 1_ April 19_1 * item 11d (Effective Date): 20 March 1969 * item 20 (Place of Entry): Fort Brooke, PR 7. By regulation, the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. It states for: * item 5a: enter grade in which serving at time of separation, indication whether permanent or temporary; example: “MSG (P)” or “MSG (T)” * item 5b: enter pay grade; e.g. “E-8” or “E-4” * item 6: enter date of rank for the grade shown in item 5a * item 9: self-explanatory * item 11d: enter date of separation is accomplished * item 20: for enlisted personnel who were inducted or enlisted, enter place at which induction or enlistment was accomplished BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. 2. The applicant was reduced to PFC/E-3 effective 9 January, and he held that rank/grade through the date of his release from active duty. The Board found insufficient evidence to support a conclusion that his reduction to PFC/E-3 was improper and determined the rank/grade recorded on his DD Form 214 is not in error or unjust. 3. The applicant’s date of birth is consistently recorded in his military service record as the date recorded on his DD Form 214. a. The Board found the DD Form 214 accurately reflects the date of birth known to the Army during his period of service. The Board determined the date of birth on the DD Form 214 is not an error. b. The applicant is advised that a copy of these proceedings will be placed in his Official Military Personnel File, which will serve to explain the difference between the date of birth recorded on his DD Form 214 and the date of birth shown on his birth certificate. 4. The DD Form 214 documents periods of active duty. As such, the applicant was issued a DD Form 214 on 20 March 1969, the date he was released from active duty. Because he had a remaining service obligation, he was transferred to the U.S. Army Reserve to complete that obligation. The fact that he was discharged from the U.S. Army Reserve several years after his release from active duty did not affect the separation date recorded on his DD Form 214. The Board determined the separation date shown on his DD Form 214 is correct and should not be changed. 5. The applicant’s Record of Induction shows he was inducted (i.e., entered active duty) on 16 March 1967 at San Juan, PR. He completed initial entry training at Fort Jackson, SC; however, this was not where he entered active duty. The Board determined the place of entry recorded on his DD Form 214 is correct and should not be changed. 6. The Board concurred with the corrections described in Administrative Note(s) below. BRD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 making the corrections described in Administrative Note(s) below. 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 any relief in excess of that described above. 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. ADMINISTRATIVE NOTES: A review of the applicant’s records show his DD Form 214 omitted administrative entries. As a result, amend the DD Form 214 by: a. Item 10c (Date Inducted): deleting March and adding March b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized: deleting the Vietnam Service Medal and adding four bronze service stars to his already-awarded Vietnam Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. c. Item 30 (Remarks): adding “Service in Vietnam from 19 August 1967 to 18 August 1968. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Table 2-1 (DD Form 214 Preparation Instructions) states for: * item 5a (Grade, Rate or Rank): enter grade in which serving at time of separation, indication whether permanent or temporary; example: “MSG (P)” or “MSG (T)” * item 5b (Pay Grade): enter pay grade; e.g. “E-8” or “E-4” * item 6 (Date of Rank): enter date of rank for the grade shown in item 5a * item 9 (Date of Birth): self-explanatory * item 11d (Effective Date): enter date of separation is accomplished * item 20 (Place of Entry into Current Active Service): for enlisted personnel who were inducted or enlisted, enter place at which induction or enlistment was accomplished 3. 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 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002061 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1