IN THE CASE OF: BOARD DATE: 10 August 2023 DOCKET NUMBER: AR20230000897 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 January 1969 to show: * his date of birth as shown on his birth certificate, certified 28 September 2022 * his date of entry as shown on his DD Form 47 (Record of Induction), 6 June 1967 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 for the period ending 16 January 1969 * County Record of Births, certified 28 September 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (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 states his date of birth is incorrect as shown on his DD Form 214. In addition, his date of entry shows "NA [not applicable]." He does not understand how this could be. He served in Vietnam and his net active service was 1 year and 7 months. These corrections are important because he is filing for veterans' benefits. 3. His DD Form 398 (Statement of Personal History), 4 June 1967, shows he entered his date of birth as 26 December 19XX. 4. His DD Form 47 shows he was inducted into the Army of the United States on 6 June 1967. His date of birth is shown as 26 December 19XX. 5. His DA Form 20 (Enlisted Qualification Record) shows the following entries in: * item 6 (Date of Birth) 26 December 19XX * item 11 (Enlisted, Inducted, Reenlisted, and/or Ordered to Active Duty) 6 June 1967 * item 31 (Foreign Service) he received overseas tour credit for service in Vietnam from 17 January 1968 through on or about 15 January 1969 6. On 16 January 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows in: * item 9 (Date of Birth) 26 December 19XX * item 10c (Date Inducted) 6 June 1967 * item 17 (Current Active Service Other Than by Induction) "NA" * item 17 (Term of Service) "NA" * item 17c (Date of Entry) "NA" 7. His birth certificate, certified 28 September 2022, shows his date of birth as 22 August 19XX. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found relief is not warranted. 2. Because the applicant was inducted and did not enlist, item 17c of his DD Form 214 properly shows the entry NA. His entry date is properly recorded in item 10c. The Board determined the entry in item 17c of his DD Form 214 is not an error. 3. The date of birth on the applicant s DD Form 214 is consistent with the date of birth recorded throughout his military service record. The Board found insufficient evidence of mitigating factors that would provide a basis for changing an entry on the DD Form 214 that accurately reflects the information that was available at the time the form was completed. The Board determined the date of birth on the applicant s DD form 214 should not be changed. 4. The Board concurred with the corrections described in Administrative Note(s) below. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the corrections addressed in Administrative Note(s) below, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned. 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 NOTE(S): The applicant is authorized administrative correction of his DD Form 214 for the period ending 16 January 1969 to show the following entries without Board action: * item 24 * one silver service star with the Vietnam Service Medal * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * item 30 "Vietnam 17 Jan 68 through 15 Jan 69, Indochina Yes, Korea No" REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. a. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. A silver service star is worn instead of five bronze service stars. b. Appendix B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) lists the following relevant Vietnam campaigns: * Counteroffensive Phase III 1 June 1967 to 29 January 1968 * Tet Counteroffensive 30 January 1968 to 1 April 1968 * Counteroffensive Phase IV 2 April 1968 to 30 June 1968 * Counteroffensive Phase V 1 July 1968 to 1 November 1968 * Counteroffensive Phase VI 2 November 1968 to 22 February 1969 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), 24 March 2017 and currently in effect, is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. This pamphlet shows the 178th Aviation Company was cited for award of the following: * Valorous Unit Award for the period 12 May 1968 in Department of the Army General Orders (DAGO) Number 43, 1970 * Meritorious Unit Commendation for the period 1 July 1967 through 31 May 1968 in DAGO 36, 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 in DAGO 46, 1969, as amended by DAGO 21, 1969 4. Army Regulation 635-5 (Separation Documents), 1 February 1967, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The general instructions stated all available records would be used as a basis for the preparation of DD Form 214, including DA Form 20, DA Form 66 (Officer Qualification Record), and orders. b. The specific instructions for item 9 stated the entry was self-explanatory. c. The specific instructions for item 10c stated the entry is applicable only to individuals who were inducted (as opposed to enlisted). d. The specific instructions for item 17c for enlisted personnel stated to enter the date of entry on active duty or date enlistment or reenlistment was accomplished. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000897 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1