PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 March 2002
         DOCKET NUMBER: AR2001062307


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Thomas B. Redfern, III		Member
Mr. Donald P. Hupman, Jr.		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his military records be changed to show his correct social security number (SSN).

3. The applicant states, in effect, that the SSN listed on his separation document (DD Form 214) is incorrect and belongs to another individual. In support of his application, he submits a copy of his SSN identification card and verification of his SSN from the Social Security Administration.

4. On 23 February 1967, the applicant was inducted into the Army of the United States and entered active duty. He was trained and served in military occupational specialty 11C (Infantry Indirect Fire Crewman). The SSN listed in his induction enlistment contract, recorded in the service record created upon his entry on active duty, and contained in all the documents and orders contained in his Military Personnel Records Jacket (MPRJ) are the same.

5. The applicant’s records and MPRJ contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.

6. The applicant’s record does confirm that he served with D Company,
2nd Battalion, 12^th Infantry Regiment, Republic of Vietnam (RVN), from
12 August 1967 to 25 March 1968. The highest rank he attained while serving on active duty was specialist five/E-5 (SP5), and he earned the following awards during his active duty tenure: National Defense Service; Vietnam Service Medal; RVN Campaign Medal with 60 Device; Purple Heart (2^nd Award); and Marksman Marksmanship Badge (Rifle).

7. On 20 February 1969, the applicant was honorably released from active duty after completing 1 year, 11 months, and 28 days of active military service. On his separation date, he was issued a DD Form 214 that he authenticated with his signature. The SSN contained in his DD Form 214 is consistent with the one recorded in his induction enlistment contract, military records, and in the documents prepared and published throughout his active duty service.

8. Army Regulation 600-8-22 (Military Awards) prescribes the policy for the Army awards program. Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal. It states, in pertinent part, that one bronze service star is authorized with this award for each campaign a member participated in during their service in the RVN.

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9. Chapter 4 contains guidance on awarding the AGCM and it states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period for the AGCM is 3 years; however, in the case of the first award, a period of 1 or more years is a qualifying period at the termination of Federal service. There is no automatic entitlement to the AGCM, but disqualification must be justified.

10. Paragraph 8-6 of the awards regulation contains guidance on awarding the Combat Infantryman Badge (CIB) and it states, in pertinent part, that the CIB is awarded to infantry soldiers who have an infantry MOS. The criteria for awarding the CIB is that a soldier must serve in an infantry MOS, in and infantry unit of brigade, regimental or smaller size, and actively participate in ground combat with that unit. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for the following unit awards during his assignment tenure: Valorous Unit Award, for the period 31 January to 19 February 1968, authorized by Department of the Army General Order (DAGO) 59, issued in 1969; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1. The Board notes and understands the applicant’s desire to have the SSN recorded in his military records changed to his corrected SSN. However, there is no evidence of record or independent evidence that suggests the SSN recorded in his military records exhibits a material error or injustice.

2. Further, the Board finds an insufficient evidentiary basis to conclude the applicant has or would suffer an injury or injustice as a result of the Army maintaining its records with the last name under which he served.

3. The applicant was inducted, served, and was honorably separated from the Army under the SSN in his military records. The fact that his SSN was changed subsequent to his separation is not sufficiently mitigating to warrant changing the SSN recorded in his military records.

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4. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records.

5. The Board wishes to advise the applicant that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms SSN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his current SSN and the SSN recorded in his military record and satisfy his desire to have his current SSN documented in his OMPF.

6. The evidence of record does confirm that the applicant served a qualifying period of service that entitles him to receive the AGCM. Given his record is void of any derogatory information or a specific recommendation from any of his unit commanders disqualifying him from receiving the award, the Board concludes it would be appropriate to add the AGCM to his record at this time.

7. The evidence of records also shows that the applicant served as an infantry indirect fire crewman (11C) in an infantry unit involved in combat operations while serving in Vietnam. Therefore, he is entitled to award of the CIB and correction of his records to show this award.

8. The applicant’s unit earned the following awards during his tenure in the RVN: Valorous Unit Citation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. In addition, based on his participation in two campaigns during his tenure in the RVN, he is also entitled to 2 bronze service stars with his Vietnam Service Medal. Thus, the Board also finds it would be appropriate to add these awards to his record at this time. .

9. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Army Good Conduct Medal, the Combat Infantryman Badge, the Valorous Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with 2 bronze service stars and by providing him a corrected separation document that reflects these awards.

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2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__FNE__ _ _TBR__ __DPH GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062307
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/03/05
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0900
2.
3.
4.
5.
6.