RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 March 2004
         DOCKET NUMBER: AR2003091253


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Ms. Linda D. Simmons		Member
Mr. Robert J. Osborn		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his records be corrected by showing that the Social Security Number (SSN) on the orders for his Army Commendation Medal with "V" device is incorrect.

2. The applicant states he needs to have the orders corrected to present to the Department of Veterans Affairs (VA) to obtain benefits and treatment for posttraumatic stress disorder (PTSD). He states that he was not aware of the incorrect SSN on the award orders until he applied for VA benefits in 2003.

3. The applicant provides a copy of the subject orders, a series of photos showing him in Vietnam and other excerpts from his official military records.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an alleged error which occurred on 8 August 1971. The application submitted in this case is dated13 May 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant entered active duty on 8 July 1966 and was awarded the military occupational specialty (MOS) of 64B (heavy truck driver). He reenlisted on 8 August 1968.

4. The applicant’s DA Form 20 (Enlisted Qualification Record shows:

•         Item 29 (Qualification in Arms) that he qualified with the M-14 rifle as a sharpshooter in 1966 and as an expert with the M-16 in 1970.

•         Item 31 that he served in Korea from 17 November 1966 to 16 December 1967, in Germany from 23 January 1968 to 20 February 1969, and in Vietnam from 5 April 1969 to 5 March 1970.

•         Item 33 that he was promoted to specialist (E-4) (SP4) on 18 June 1968 and to specialist five (E-5) (SP5) on 13 November 1969.

•         Item 34 that he served in Vietnam with the 556^th Transportation Company from 16 April 1969 to 4 March 1970 as a heavy truck driver (MOS 64B).
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Item 39 (campaigns) that he participated in one campaign.

•         Item 41 (awards) that he was authorized the Good Conduct Medal (1^st Award), the Armed Forces Expeditionary Medal for Korea, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 device, and two overseas bars.

5. The orders submitted by the applicant awarded the Army Commendation Medal with “V” device for heroism on 17 July 1969 to an individual with a name identical to the applicant's. The recipient is identified as a heavy truck driver with the 556^th Transportation Company. The first three digits of the social security are identical to the applicant's. The final four digits are not. The applicant's Military Personnel Record Jacket (MPRJ) contains an identical copy of the citation, except that it appears to be an "original" mimeograph copy.

6. Headquarters, Army Support Command Vietnam General Orders 330, dated 3 March 1970, shows that the applicant was awarded the Army Commendation Medal with first oak leaf cluster for meritorious service with the 556^th Transportation Company for the period April 1969 to April 1970. This order carries the same adjutant general's signature block and stamped signature as the subject citation.

7. The applicant’s 1971 DD Form 214 (Report of Transfer or Discharge) shows he was released from active duty on 8 August 1971 and transferred to the Army Reserve. It lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Good Conduct Medal, and the Republic of Vietnam Campaign Medal with 1960 Device.

8. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. The applicant served in Vietnam during the following campaign periods: the Tet 69 Counteroffensive, 22 February 1969 to 8 June 1969; the Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969; and the Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970.

9. Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

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10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the 556^th Transportation Company was awarded the Meritorious Unit Commendation for the periods 1 April - 30 September 1969 and 17 January - 31 July 1970. Army Regulation 600-8-22 authorizes an oak leaf cluster for subsequent awards.

11. Army Regulation 600-8-22 also provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12. The Awards Branch, Total Army Personnel Command advises that the general orders files for the Headquarters, Army Support Command Vietnam are not available.

DISCUSSION AND CONCLUSIONS:

1. With the exception of the last six digits of the SSN the identifying information on the orders in question matches that of the applicant. It is unlikely that two service members, with the same name, MOS, and rank, served in the same unit in Vietnam at the same time. But, had this been the case, it is even more unlikely that, the citation for a significant medal for heroism would have ended up in the wrong MPRJ. It is more reasonable to assume that the citation in question incorrectly lists the applicant's SSN. Therefore, the citation should be corrected to reflect the applicant’s SSN and that his records be corrected to show this award.

2. Further, it is noted that the applicant’s record contains orders awarding him the Army Commendation Medal with Oak Leaf Cluster. This award is also not listed on his DD Form 214 or DA Form 20.

3. The applicant served in Vietnam during three designated campaign periods and is entitled to wear three bronze service stars on his Vietnam Service Medal.

4. He was awarded the Armed Forces Expeditionary medal in Korea, which should be shown on his DD Form 214.

5. The applicant’s unit was authorized the Meritorious Unit Commendation with Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service. His records should be corrected to reflect these awards.

6. The applicant’s was authorized the Sharpshooter Badge with Rifle Bar in 1966 and this is reflected on his earlier DD Form 214. However, the applicant subsequently qualified as an expert and is therefore authorized Expert Badge with Rifle Bar. As this is the higher and more current qualification it should be reflected on his 1971 DD Form 214.

7. Based on the errors in the applicant’s records noted above it is in the interest of justice to excuse the applicant’s failure to timely file and correct his records as denoted above.


BOARD VOTE:

__LDS__ __RJO___ ___RWA GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented is sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that the SSN on the 4 August 1969 citation for award of the Army Commendation Medal with “V” Device be corrected to properly show the applicant’s SSN.

2. The Board further determined that the evidence of record shows that, in addition to the awards listed on his DD Forms 214, the individual concerned was also awarded of the Army Commendation Medal with “V” Device and Oak Leaf Cluster, three bronze service stars for wear on the Vietnam Service Medal, the Armed Forces Expeditionary Medal, the Meritorious Unit Commendation with Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Expert Badge with Rifle Bar.




                  __ Roger W. Able____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091253
SUFFIX
RECON
DATE BOARDED	20040318
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.	100/107 correct SSN on ARCOM
2.
3.
4.
5.
6.