IN THE CASE OF: 

		BOARD DATE: 20 September 2023

		DOCKET NUMBER: AR20230001881


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show the day of his birth as, vice.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Birth Certificate


FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed 
Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  
Claims Incident Thereto). 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, in effect, the day of his birth is inaccurately stated on his 
DD Form 214.

3.  A review of the applicant's service record reveals the following:

	a.  In or around April 1965, the applicant's local Selective Service Board completed 
his DD Form 47 (Record of Induction), and the form shows the day of his birth as. On 12 
December 1965, the applicant completed a DD Form 398 (Statement of Personal 
History); a handwritten entry states the date of his birth is.

	b.  On 13 December 1965, the Army of the United States (AUS) inducted the 
applicant for a 2-year term of active duty. Upon completion of initial entry training and 
the award of military occupational specialty 64A (Light Vehicle Driver), orders assigned 
him to a transportation company at Fort Campbell, KY, and he arrived at his new unit, 
on 5 May 1966.

	c.  In or around July/August 1966, the applicant received reassignment instructions 
for Vietnam; he arrived in Vietnam, on 28 September 1966, and, effective 17 October 
1966, orders further assigned him to a transportation company.

	d.  Special Orders (SO) Number 86, issued by Headquarters, 6th Transportation 
Battalion (Truck) and dated 19 May 1967, awarded the applicant the Driver and 
Mechanic Badge with Driver Component Bar. Headquarters, 6th Transportation 
Battalion (Truck) SO Number 98, dated 12 June 1967, awarded the applicant a second 
Driver and Mechanic Badge with Driver Component Bar.

	e.  On 12 September 1967, the applicant completed his tour in Vietnam, and orders 
reassigned him to the U.S. Army Personnel Center in Oakland, CA for separation 
processing; on 14 September 1967, orders honorably released from active duty and 
transferred to the U.S. Army Reserve to complete his remaining military service 
obligation. 

	f.  The applicant's DD Form 214 shows he completed 1 year, 9 months, and 2 days 
of his 2-year term of obligated service. 

*	Item 9 (Date of Birth) – the date of his birth as 
*	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), Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-14) 
*	Item 30 (Remarks) – Vietnam service not reflected

	g.  A review of the applicant's available service record shows all documents that 
include the applicant's date of birth reflect as the day of his birth.

4.  Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, stated 
the purpose of separation documents was to provide the individual with documentary 
evidence of his/her military service. DD Form 214 preparers were to use all available 
records, to include enlistment documents and the Soldier's DA Form 20 (Enlisted 
Qualification Record), as sources for the entries in the DD Form 214. 

5.  The Board has an interest in maintaining the accuracy of its records; for historical 
purposes, the data and information contained in those records should reflect the 
conditions and circumstances, as they existed at the time of the records' creation.

?
BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered through counsel the applicant's record of service, documents 
submitted in support of the petition and executed a comprehensive and standard review 
based on law, policy and regulation. The Board determined the evidence presented 
does not demonstrate the existence of a probable error or injustice. Upon review of the 
applicant’s petition and available military records the Board found applicant used the 
contested date of birth (DOB) during his entire period of service. Therefore, the Board 
determined the overall merits of this case are insufficient as a basis for correction of the 
records of the individual concerned and denied relief. 

2.  The Army has an interest in maintaining the integrity of its records for historical 
purposes.  The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.

3.  The applicant is advised that a copy of this decisional document, along with his 
application and the supporting evidence he provided, will be filed in his official military 
records.  This should serve to clarify any questions or confusion regarding the 
difference in the date of birth recorded in his military records and to satisfy his desire to 
have his legal date of birth documented in his military records

4.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction be completed to more accurately depict 
the military service of the applicant.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION

?
BOARD DETERMINATION/RECOMMENDATION:

Except for the correction addressed in Administrative Note(s) below, the Board found 
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 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):

1.  Army Regulation (AR) 635-5, in effect at the time, stated the DD Form 214 was to list 
all decorations, service medals, campaign credits, and badges awarded or authorized. 
Additionally, change 11, effective January 1970, required the DD Form 214 to show a 
separating Soldier’s Vietnam service in remarks.

2.  AR 600-8-22 (Military Awards), currently in effect, states the Vietnam Service Medal 
is awarded to all members of the Armed Forces of the United States based on their 
qualifying service in Vietnam after 3 July 1965 through 28 March 1973; a bronze service 
star will be awarded for wear on the Vietnam Service Medal for the Soldier’s 
participation in each recognized campaign. Vietnam campaigns include:

*	Counteroffensive, Phase II (1 July 1966 to 31 May 1967)
*	Counteroffensive, Phase III (1 June 1967 to 29 January 1968)

3.  Two SO awarded the applicant the Driver and Mechanic Badge with Driver 
Component Bar.

4.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign 
Participation Credit Register), currently in effect, shows Department of the Army 
General Orders (DAGO) Number 8, dated 1974, authorized all units that served in 
Vietnam to receive the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Based on the foregoing, amend the applicant's DD Form 214, ending 6 November 
1969, as follows:

	a.  Delete the Vietnam Service Medal.

	b.  Add the following to item 26:

*	Vietnam Service Medal with two bronze service stars
*	Driver and Mechanic Badge with Driver Component Bar (2nd Award)
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c. In Item 32, add the comment: “SERVICE IN VIETNAM FROM 28 SEPTEMBER 
1966 TO 12 SEPTEMBER 1967.”


REFERENCES:

1.  Title 10, USC, 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 (AR)0 635-5, in effect at the time, stated the purpose of separation 
documents was to provide the individual with documentary evidence of his/her military 
service. DD Form 214 preparers were to use all available records, to include enlistment 
documents and the Soldier's DA Form 20 (Enlisted Qualification Record), as sources for 
the entries in the DD Form 214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230001881


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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