IN THE CASE OF: 
BOARD DATE: 15 November 2023 
DOCKET NUMBER: AR20230003651 


APPLICANT REQUESTS:  correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 January 1970 to show his date of birth (DOB) as “14 Jan 49” vice “14 Jan 48”.  

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

•DD Form 149 (Application for Correction of Military Record), 21 March 2022

•DD Form 214 for the period ending 15 January 1970



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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states his DOB is incorrectly listed on his DD Form 214. He ishomeless and trying to apply for housing and the State will not accept his DD Form 214because it has the wrong birth date. It should be 14 January 1949 vice 14 January1948.

3.A review of the applicant's service records shows:

a.All of the documents contained in his official military personnel file, including his


DD Form 47 (Record of Induction) show his DOB as 14 January 1948. 

b.DD Form 214 shows he was honorably separated and transferred to the U.S.


Army Reserves on 15 January 1970. Item 9 (DOB) reflects his DOB as “14 Jan 48”. He completed 2 years of net active service this period.  

c.The applicant does not provide any documentation or birth certificate to show his


correct DOB as 14 January 1949. 


BOARD DISCUSSION: 





1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that partial relief was warranted. The Boardcarefully considered the applicant's record of service, documents submitted in supportof the petition and executed a comprehensive and standard review based on law, policyand regulation. The Board determined the evidence presented does not demonstratethe existence of a probable error or injustice.  The applicant used the contested date ofbirth (DOB) during his entire period of service. The Board determined the overall meritsof this case are insufficient as a basis for correction of the records of the individualconcerned. The Board recommended the applicant seek assistance through the socialsecurity administration office for correction of his date of birth and they will be able tomerge them as well and notify the department of veteran affairs of the correction.2.The Army has an interest in maintaining the integrity of its records for historicalpurposes.  The information in those records must reflect the conditions andcircumstances that existed at the time the records were created.  In the absence ofevidence that shows a material error or injustice, there is a reluctance to recommendthat those records be changed. The applicant is advised that a copy of this decisionaldocument, along with his application and the supporting evidence he provided, will befiled in his official military records.  This should serve to clarify any questions orconfusion regarding the difference in the date of birth recorded in his military recordsand to satisfy his desire to have his date of birth documented in his military records.3.However, during deliberation the Board determined applicant's service record didnot reflect he was awarded the Army Good Conduct Medal (1st Award) and his recordshows he received "excellent" conduct and efficiency ratings throughout his service forthe period of 16 September 1966 to 12 August 1968.  Furthermore, the Board found theapplicant’s record was absent awards for his period of service in the Republic ofVietnam. Based on this the Board granted partial relief to award the Army GoodConduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, VietnamCounteroffensive Phase V, Vietnam Counteroffensive Phase VI and Tet 69Counteroffensive 1969.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : GRANT FULL RELIEF 

:X :X GRANT PARTIAL RELIEF 

: : GRANT FORMAL HEARING 

: :X: : : : DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by amendingthe applicant’s DD Form 214 for the period ending 15 January 1970 to adding:

•Three bronze service stars to his previously issued Vietnam Service Medal

•Vietnam Counteroffensive Phase V

•Vietnam Counteroffensive Phase VI

•Tet 69 Counteroffensive 1969

•Republic of Vietnam Gallantry Cross with Palm Unit Citation



and 
•awarding the applicant, the Army Good Conduct Medal (1st Award) for





exemplary service from 16 June 1968 to 15 January 1970 and adding the medal to his DD Form 214 for the period ending 15 January 1970 2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application that pertains to correction of the applicant’s date of birth.


Microsoft Office Signature Line...
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. 
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, prescribed the separation documents that must be prepared for soldiers on retirement, discharge, release from active-duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. In item 9 (Date of Birth), enter the six-digit number; year, month, and day without spaces or slashes. 
 
3.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 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. 
 
4.  DA PAM 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)) shows: 
The applicant completed service in Vietnam during the following campaigns: 
 
• Vietnam Counteroffensive Phase V, 1 July 1968 – 1 November 1968 

• Vietnam Counteroffensive Phase VI, 2 November 1968- 22 February 1968 

• TeT 69 Counteroffensive 1969, 23 February 1969-8 June 1969 


 
5.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) shows, per Department of the Army General Order (DAGO) Number 8, dated 1974, all units that served in Vietnam received the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
 
//NOTHING FOLLOWS//