BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100018383 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Army Commendation Medal (ARCOM).  He also requests correction of his social security number (SSN) on his ARCOM orders and certificate to show 4xx-xx-xxxx instead of 3xx-xx-xxxx.

2.  The applicant states his awards include the ARCOM and the ARCOM orders and certificate have an incorrect SSN.

3.  The applicant provides a copy of his ARCOM orders, certificate and citation.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show he enlisted in the Regular Army on 16 July 1954 and he served continuously through reenlistments until he was honorably retired on 31 July 1974 after completing 20 years of active service. 
His military occupational specialties included engineer equipment repairman and construction machine supervisor.  He was promoted to master sergeant/pay grade E-8.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Detachment, 3d Special Forces Battalion, 7th Special Forces Group during the period 30 June to 17 December 1972.

4.  Headquarters, U.S. Army Forces Southern Command General Orders Number 14, dated 18 January 1973, awarded him the ARCOM.  These orders show he was assigned to the Headquarters and Headquarters Detachment, 3d Special Forces Battalion, 7th Special Forces Group for the period for which the award was issued.  These orders and the accompanying certificate further show the applicant's SSN as 3xx-xx-xxxx.  The ARCOM citation shows his SSN as 4xx-xx-xxxx.  His SSN is shown throughout his records as 4xx-xx-xxxx.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam (RVN) Campaign Medal with 1960 Device, Bronze Star Medal, Army Good Conduct Medal (4th Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army of Occupation Medal (AOM), and three Overseas Service Bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's full name, the unit of assignment on the orders, and his SSN (with the exception of one digit) are the same as those that are on other documents in his records.  The period of service for which the ARCOM was awarded on the order is in accordance with his service with that unit.  As such, the preponderance of evidence is sufficient to correct this DD Form 214 to show this award.

2.  His SSN is shown as 4xx-xx-xxxx on his ARCOM citation and throughout his records.  It appears the SSN reflected on his ARCOM orders and certificate was transcribed in error.  As such, it would be appropriate to correct his ARCOM orders and certificate to show his SSN as 4xx-xx-xxxx. 


3.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

___x____  ___x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the ARCOM to his DD Form 214; and

	b.  amending Headquarters, U.S. Army Forces Southern Command General Orders Number 14 and his ARCOM certificate to show his SSN as 4xx-xx-xxxx.




      _______ _ x  _______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20100018383



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ABCMR Record of Proceedings (cont)                                         AR20100018383



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