RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 MARCH 2005
      DOCKET NUMBER:  AR20040002736


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jonathon Rost                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests that the order awarding him the Air
Medal be corrected to show his correct social security number, and that his
DD Form 214 (Report of Transfer or Discharge) be corrected to show award of
the Air Medal.

2.  The applicant states that he received the Air Medal, but the social
security number was wrong.  He requested assistance from a Member of
Congress in correcting his DD Form 214 to show award of the Air Medal.

3.  The applicant provides a copy of his DD Form 214, a copy of a 1994
request for medals, a copy of a 2002 authorization for issuance of awards,
a copy of a 2003 e-mail concerning his awards, and a copy of correspondence
from a Member of Congress, with his request to that official.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 April 1972.  The application submitted in this case is
dated 7 June 2004.

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 limitations 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 on active duty on 19 September 1969, completed
training, and in December 1970 was assigned to Vietnam.  On 13 April 1972
Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile)
published General Orders Number 1238 awarding him the Air Medal for
meritorious achievement while participating in aerial flight.  The order
shows that the last four digits of his social security number as -4449.
The applicant completed his tour of duty in Vietnam and returned to the
Untied States.  He was released from active duty on 9 April 1972.  His DD
Form 214 shows the last four digits of his social security number as -4949.
 It does not show award of the Air Medal.

4.  The applicant’s enlisted contract, orders and other documents in his
official military personnel file, all show the last four digits of his
social security number as -4949.

5.  On 25 January 1973 the applicant requested that The Adjutant General
issue a correction (DD Form 215) to his DD Form 214 to show that he was
awarded the Air Medal, two awards of the Bronze Star Medal, and two awards
of the Army Commendation Medal.  He also requested that his date of rank be
corrected.

6.  On 30 May 1973 a DD Form 215 was issued correcting his DD Form 214 as
the applicant requested.  That form shows that his DD Form 214 was also
corrected to show award of the Vietnam Service Medal with two bronze
service stars and the Good Conduct Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s official military personnel file contains documents all
showing the last four digits of his social security number as -4949.
Obviously, the last four digits of his social security number, -4449, on
the order awarding him the Air Medal are incorrect.  The last four digits
of his social security number are -4949.  The order should be corrected
accordingly.

2.  The applicant’s 9 April 1972 DD Form 214 was corrected to show award of
the Air Medal on 30 March 1973.  In this respect, no action is required by
the Board; however, the Case Management Support Division in St. Louis will
be requested to furnish the applicant a copy of the DD Form 215 effecting
this correction.

BOARD VOTE:

___RW  _  ___JM __  ___JR___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief and to excuse failure to timely file.
As a result, the Board recommends that the applicant’s social security
number on General Orders Number 1238, issued by Headquarters, 3rd Brigade
(Separate),              1st Cavalry Division (Airmobile), dated 13 April
1972, be corrected to show that the last four digits of his social security
number are -4949.

2.  The Case Management Support Division at St. Louis is requested to
furnish the applicant a copy of the 30 May 1973 DD Form 215 correcting his
9 April 1972 DD Form 214.




                            ____ Raymond Wagner_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002736                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050315                                |
|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.       |100.09                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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