IN THE CASE OF: BOARD DATE: 4 October 2023 DOCKET NUMBER: AR20230002971 APPLICANT REQUESTS: a. correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) to show his requested date of birth (DOB) instead of the contested DOB: * contested DOB – listed on DD Form 214 * requested DOB – listed on Birth Certificate b. a review of his records to show all of his awards, to include the Army Good Conduct Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 28 November 2022 * DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214), issued 7 August 1970 * Birth Certificate 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's records contain sufficient evidence to support the following administrative corrections of his DD Form 214 without action by the Board: * Item 9 (Date of Birth) * Item 24 (Decorations) to add published unit and personal decorations issued in orders * Item 30 (Remarks) 3. The Board will not consider his request to correct the DOB on his Department of Defense Identification card, as the aforenoted administrative correction of the DOB will be provided to the applicant, and he may take this document to the identification card issuing facility. 4. The applicant provides his birth certificate, that shows, in part, his requested DOB. 5. On 31 January 1968, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment Record), shows, in part, his requested DOB, as reflected on his birth certificate. 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) – service in the Vietnam, from 7 July 1968 to 6 February 1969; he was assigned to C Company, 2nd Battalion, 12th Cavalry, 1st Air Cavalry Division from 13 July 1968 to 15 February 1969. b. item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings. c. item 40 (Wounds) – Fragment wound left arm and abdomen, dated 29 January 1969, and d. item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * one overseas bar * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. His record contain orders for the following awards: a. An unknown award - GO Number 31, issued by Headquarters, 12th Evacuation Hospital, dated, 4 February 1969, effective 29 January 1969. b. Air Medal – GO Number 2062, issued by Headquarters 1st Cavalry Division (Airmobile), on 20 February 1969. c. Bronze Star Medal – GO Number 2580, issued by Headquarters 1st Cavalry Division (Airmobile), on 2 March 1969. 8. The applicant was honorably released from active duty on 30 January 1970. His DD Form 214 records his contested DOB and shows: a. he completed 2 years of net active service this period. b. he was awarded or authorized – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * one overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) c. Item 30 (Remarks) is missing his service in Vietnam from 7 July 1968 to 6 February 1969. 9. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 31 January 1968 through 30 January 1970. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered 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. Upon review of the applicant’s petition and available military records the Board determined there is sufficient evidence to grant award of the Army Good Conduct Medal (1st Award). Evidence in the record reflects the applicant received "excellent" conduct and efficiency ratings throughout his service for the period of 31 January 1968 to 30 January 1970. Based on this, the Board granted relief for correction of the applicant’s record to award him the Army Good Conduct Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 31 January 1968 to 30 January 1970. and adding the medal to his DD Form 214 for the period ending 30 January 1970. 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): A review of the applicant's records show he was awarded or authorized the following awards not listed on his DD Form 214 for the period ending 30 January 1970. a. Item 9 (Date of Birth) – the requested DOB b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - * two bronze service stars to his previously issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation * Air Medal * Bronze Star Medal c. Item 30 (Remarks) – 7 July 1968 to 6 February 1969 Vietnam, 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 635-5 (Separation Documents) in effect at the time (and Army Regulation 635-8 (Separation Processing and Documents)), currently in effect, prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. Paragraph 5-6 (Rules for completing the DD Form 214) provides detailed instructions for data required in each block of the DD Form 214. a. For item 9 (Date of Birth) (previous version of the DD Form 214) or 5 (Date of Birth) (current version of the DD Form 214), verify data accuracy by reviewing original enlistment contract and/or application for appointment. b. For item 30 (Remarks) Indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no;' for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. 3. 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 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. 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. However, there was no right or entitlement to the medal until immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. 5. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (C Company, 2nd Battalion) was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, 9 August 1965 to 9 May 1969, DA General Order Number (DAGO) 59, dated 1969 * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, 1 January 1969 to 1 February 1970, DAGO Number 42, dated 1972 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002971 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1