PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 March 2003
         DOCKET NUMBER: AR2002080386



         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Ted S. Kanamine		Member
Ms. Shirley L. Powell		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 separation document (DD Form 214) and his complete military record be corrected to show his correct Social Security Account Number (SSAN); that all awards to which he is entitled be added to his separation document; and that his Presidential Clemency Discharge be corrected.

3. The applicant states, in effect, that the Army had a wrong SSAN at the time of his discharge, and his lawyer and the judge indicated that it would be corrected. In support of his application, he provides a copy of his SSAN card and a copy of his Department of Veterans Affairs (DVA) card, which lists the SSAN he now claims is correct. He also provides a copy of a DD Form 214 issued to him upon his separation for the purpose of immediate reenlistment on 20 January 1965, which lists the SSAN he now claims is correct in Item 32 (Remarks).

4. The applicant’s military records show that on 15 January 1964, he initially enlisted in the Regular Army for three years. The primary identification number used at the time of his enlistment was the service number. However, all the documents on file for the applicant that do contain an SSAN, list the SSAN that he now claims is incorrect. This is also the SSAN that was recorded in his Enlisted Qualification Record (DA Form 20), and other service records created during his tenure on active duty.

5. On 20 January 1965, he was honorably discharged for the purpose of immediate reenlistment, and the DD Form 214 issued to him for this period of service listed the SSAN he now claims is correct in the remarks section of the document.

6. On 21 January 1965, the applicant reenlisted for six years. His DA Form 20 confirms that he was trained and served in military occupational specialty (MOS) 11B (Infantryman), and that he completed two combat tours and was credited with participating in six campaigns in the Republic of Vietnam (RVN).

7. The applicant’s first RVN tour covered the period from 12 December 1966 through 11 December 1967. During this tour, he served in MOS 11B as a rifleman with the United States Army Signal Security Force from 20 December 1966 through 24 August 1967; and in MOS 11B as a security guard with the 194^th Military Police Company from 25 August through 10 December 1967. His second RVN tour covered the period 13 September 1968 through 2 September 1969. During this tour, he served with the 3^rd Battalion, 12^th Infantry Regiment. First in MOS 11E as an armor crewman with Company B, from 1 October 1968 through 12 March 1969, and then in MOS 11B as a squad leader in Company E, from 1 October 1968 through 12 March 1969.

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8. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his active duty tenure, he earned the following awards: Bronze Star Medal (BSM), Army Commendation Medal (ARCOM); National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); and RVN Campaign Medal.

9. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders (GO) Number 5506, dated 22 August 1969, issued by Headquarters, 4^th Infantry Division, RVN. These orders awarded him the BSM with Valor (“V”) Device, for heroism in connection with a military operations against an armed hostile force in the RVN on 13 July 1969.

10. The applicant’s record also reveals an extensive disciplinary history. This includes 1769 days of time lost due to his being absent without leave (AWOL) and confined by both civil and military authorities on several separate occasions between February 1965 and December 1973. It also shows that on 22 March 1974, a general court-martial (GCM) found him guilty of being AWOL from
16 April 1970 through 15 August 1973. The resultant sentence included a bad conduct discharge (BCD), and on 17 December 1974, he was discharged accordingly. At the time of his discharge, he had completed a total of 6 years and 28 days of creditable active military service, and he had accrued 1769 days of time lost due to AWOL and confinement.

11. The DD Form 214 issued to the applicant on the date of his separation,
17 December 1974, lists the same SSAN that was recorded in the majority of orders and documents created during his active duty tenure; and that was listed in his DA Form 20 that was prepared on 1 April 1966, and last audited by him on 28 February 1974. The DD Form 214 also lists the following awards and decorations that were earned by the applicant during his active duty tenure: NDSM; RVN Campaign Medal with 60 Device; VSM (w6CC); 4 Overseas Bars; ARCOM; and BSM.

12. The applicant provides a copy of a Clemency Discharge (DD Form 1953A), issued on 17 December 1974. This document shows that the applicant satisfactorily completed alternate service pursuant to Presidential Proclamation (PP) Number (#) 4313, dated 16 September 1974, and therefore was awarded this certificate. There is no evidence showing that the applicant ever applied to the Army Discharge Review Board (ADRB) or this Board requesting an upgrade to his discharge subsequent to his receiving this clemency discharge.

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13. In PP # 4313, dated 16 September 1974, the President announced a clemency program designed to provide deserters an opportunity to work their way back into American society. This proclamation pertained to all individuals who were carried administratively as deserters if their last period of AWOL was between 4 August 1964 and 28 March 1973, and it affected the following three groups of individuals: fugitives from justice who were draft evaders; members of the Armed Forces who were in an unauthorized absence status; and prior members of the Armed Forces who had been discharged with a punitive or undesirable discharge for violation of Article 85, 86, or 87 of the Uniform Code of Military Justice (UCMJ).

14. The clemency program provided for in PP # 4313 did not effect the underlying discharge and did not entitle the individual to any benefits administered by the Department of Veterans Affairs (DVA). The ADRB, as a matter of policy, adopted a position that the award of a clemency discharge would be considered by the ADRB in its deliberations, but the discharge per se did not require that relief be granted. If the applicant had been heard previously, the award of a clemency discharge in itself would be considered as sufficient new evidence to authorize a rehearing of the case. Other than these policies, the clemency discharge had no impact, and did not carry with it authority to correct or change the record.

15. Army Regulation 600-8-22 provides the Army’s awards policy. Paragraph
2-13 provides guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited for during service in the RVN, and that a silver service star is used in lieu of 5 bronze service stars.

16. Chapter 8 contains guidance on awarding the Combat Infantryman Badge (CIB). It states, in pertinent part, that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

17. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. This publication shows that during his tenure of assignment, the applicant’s units in the RVN earned the following awards to which he is entitled: Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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CONCLUSIONS:

1. The Board notes the applicant’s contention that the SSAN listed in his military records and in the 17 December 1974 DD Form 214 should be changed, but it finds insufficient evidence to support this claim. In this case, it appears that the applicant used both the SSAN recorded in the majority of his records and the one he now claims is correct, which is only recorded in a few of his military documents. However, he provides no official explanation from the Social Security Administration or any independent evidence to clarify his use of these multiple SSANs. Lacking independent evidence that confirms he was never issued or intentionally used the SSAN listed in the military records, the Board finds there is insufficient evidence to support changing it at this time.

2. It is clear that the applicant’s active duty service was performed under the SSAN he now claims was in error. It is also clear that this SSAN was the one recorded in the military records prepared on him upon his entry on active duty and the one he used throughout his tenure on active duty. For historical purposes, the Army has an interest in maintaining the accuracy of its records, and the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Thus, the Board concludes the SSAN listed in the applicant’s military records should not be changed at this time.

3. However, for clarity purposes this decisional document, along with the supporting material provided by the applicant, will be filed in his Official Military Personnel File (OMPF). This should serve to resolve any questions related to the duplicate SSANs used by the applicant.

4. The Board also notes the applicant’s claim that his clemency discharge is incorrect; however, it finds no evidence to support this claim. The applicant’s clemency discharge is on file in his OMPF, which is the extent to which this action impacts his military record. Absent a formal upgrade to his discharge from the ADRB or this Board, the clemency discharge he received does not affect the underlying discharge he originally received.

5. The evidence of record does confirm that the applicant earned the BSM with “V” Device for heroism in connection with military operations against an armed enemy in the RVN. The citation supporting this heroism award also serves to confirm his entitlement to the CIB. Further, the evidence verifies his entitlement to 1 silver service star and 1 bronze service star with his VSM. Thus, the Board finds it would be appropriate to correct his record to include these awards.

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6. In addition, the evidence of record confirms that during his assignment tenure in the RVN, the applicant’s unit was awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the Board finds that it would also be appropriate to add these awards to his record at this time.

7. 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 be corrected by showing that the individual concerned is entitled to a “V” Device with his BSM and to 1 silver service star and 1 bronze service star with his Vietnam Service Medal; by showing that he earned the Combat Infantryman Badge, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by issuing him a corrected separation document that reflects these awards.

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

BOARD VOTE:

__SAC__ __TSK _ __ SLP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Samuel A. Crumpler ._
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080386
SUFFIX
RECON
DATE BOARDED	2003/03/11
TYPE OF DISCHARGE	BCD
DATE OF DISCHARGE	1974/12/17
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Court-Martial
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 10	100.0900
3. 1021	100.0000
4.
5.
6.