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ARMY | BCMR | CY2002 | 2002080888C070215
Original file (2002080888C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2002080888


         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
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist 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.


2. The applicant requests that item 3 (Social Security Number) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show that the third digit of his Social Security Number is a "9" instead of a "7." He also requests award of the Bronze Star Medal, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3. The applicant states, in effect, that the third digit of his Social Security Number on his DD Form 214 is a typo. He also contends that the awards were left off of his discharge document when he left Vietnam and military service. In support of his application, he submits a copy of his DD Form 214; a copy of his Social Security Card; a letter, dated 30 September 2002, from the National Personnel Records Center; a copy of his Honorable Discharge Certificate; orders for the Bronze Star Medal; an award certificate for the Bronze Star Medal; a citation for the Bronze Star Medal; a copy of his DA Form 20 (Enlisted Qualification Record); orders for the Good Conduct Medal, the Purple Heart and the Combat Infantryman Badge; and a copy of his discharge from the U.S. Army Reserve, dated 19 December 1973.

4. The applicant’s military records show that he was inducted on 29 January 1968. He served as a light weapons infantryman in Vietnam from 20 June 1968 through 19 June 1969 and was released from active duty on 28 January 1970.

5. Item 3 (Social Security Number) on the applicant's DD Form 214 shows the third digit of his Social Security Number is a "7."

6. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal, the Meritorious Unit Commendation, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation as authorized awards.

7. The applicant's DD Form 47 (Record of Induction) shows the third digit of his Social Security Number is a "9."

8. The applicant provided a copy of his Social Security Card which shows that the third digit of his Social Security Number is a "9."

9. Headquarters Americal Division General Orders Number 3751, dated 20 May 1969, show the applicant received the Bronze Star Medal for meritorious service during the period June 1968 to June 1969.




10. 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 not cited for award of the Meritorious Unit Commendation or the Presidential Unit Citation while he was assigned to it.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 2, dated 1971.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was not cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

13. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

15. Army Regulation 600-8-22 provides that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government for meritorious service.

CONCLUSIONS:

1. The applicant's Social Security Number was incorrectly entered on his DD Form 214, in that, the third digit was entered as a "7" instead of "9." Therefore, the applicant's DD Form 214 should be corrected at this time.

2. The applicant received the Bronze Star Medal for meritorious service during the period June 1968 to June 1969. Therefore, the applicant's DD Form 214 should be corrected to show this medal.




3. The Board considered the applicant's contention that he is entitled to the Meritorious Unit Commendation and the Presidential Unit Citation. However, the
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was not cited for award of the Meritorious Unit Commendation or the Presidential Unit Citation while he was assigned to it. Therefore, the Board determined that there is insufficient evidence on which to base award of the Meritorious Unit Commendation or the Presidential Unit Citation in this case.

4. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was not cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the Board determined that there is insufficient evidence on which to base award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in this case.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the third entry, "7" in item 3 (Social Security Number) on the DD Form 214 of the individual concerned;

         b. by adding the third entry, "9" in item 3 on his DD Form 214; and

         c. by adding the entries, "Bronze Star Medal" and "Republic of Vietnam Gallantry Cross with Palm Unit Citation" in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned.






2. That so much of the application as pertains to the Meritorious Unit Commendation, the Presidential Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be denied.

BOARD VOTE:

FNE____ LEM_____ LCB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2002080888
SUFFIX
RECON
DATE BOARDED 20030506
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.0900
2. 107.0000
3.
4.
5.
6.


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