RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040010601


      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. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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.  The applicant requests that his DD Form 215 (Correction to DD 214,
Certificate of Release or Discharge from Active Duty) be corrected to show
his correct Social Security Number and Service Number.  The applicant also
requests that the award of the Purple Heart, Army Commendation Medal with V
device (1st Oak Leaf Cluster), Good Conduct Medal, Vietnam Service Medal
with 1 bronze service star, and the Combat Infantryman Badge be added to
this DD Form 214.

2.  The applicant states that when he received the DD Form 215 it was
incorrect and that he would like his other medals added to his records.

3.  The applicant provides two DD Forms 215, dated 10 July 1997 and
27 November 2002 respectively; a Social Security Card; a Purple Heart
Certificate, U.S. Total Army Personnel Command (PERSCOM) Permanent Orders
331-5, dated 27 November 2002; a narrative description for an award;
Headquarters 4th Infantry Division General Orders Number 2724, dated 2 May
1970; and two DA Forms 1577, dated 25 June 997 and 27 June 2001,
respectively.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 May 1969.  The application submitted in this case is dated
12 November 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 active duty on 1 June 1966.  Upon completion of
basic training and advanced individual training he was awarded the military
occupational specialty (MOS) 11C (Mortar Man).  The applicant served with
the 3rd Battalion, 12th Infantry Regiment of the 4th Infantry Division in
Vietnam.

4.  The DD Forms 215 show the sixth digit of the applicant's Social
Security Number (SSN) as a nine.  The applicant's Social Security Card
shows that the sixth digit of his SSN is a six.

5.  The DD Forms 215 as well as the applicant's DD Form 214 show the third
digit of the applicant's service number as a seven and the fourth digit as
an eight. A review of the applicant's official military personnel file
(OMPF), to include his DA Form 20, his DD Form 4 (Enlistment Record), the
recommendation for award, various orders, and many other documents
contained in his file show that the third digit of his service number is an
eight and the fourth digit is a seven.

6.  The DD Form 215 dated 10 July 1997, shows the applicant's service
number was corrected, however the SSN remained incorrect.

7.  The DD Form 215 dated 27 November 2002, shows that the Purple Heart was
added to item 24 of the applicant's DD Form 214.  However, this form still
shows the incorrect service number that should have been corrected by the
previous DD Form 215 and also contains the incorrect SSN.

8.  A DD Form 215 dated 23 October 1987, found in the applicant's official
military personnel file (OMPF), shows that the applicant's SSN was
corrected and that the Vietnam Service Medal and Vietnam Campaign Medal
were deleted from the applicant's DD Form 214.  This DD Form 215 then added
the Army Commendation Medal w/"V" Device, the Good Conduct Medal, the
Vietnam Service Medal w/one bronze service star, the Combat Infantryman
Badge, and the Republic of Vietnam Gallantry Cross w/Palm Unit Citation.

9.  Headquarters 4th Infantry Division General Orders Number 2724 shows
that the applicant was awarded the Army Commendation Medal with "V" Device
(1st Oak Leaf Cluster).

10.  A review of the applicant's OMPF indicates he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

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,


 the 3rd Battalion, 12th Infantry was cited for award of the Republic of
Vietnam Civil Actions Honor Medal based on Department of the Army General
Orders Number 53, 1970.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated by units during
the Vietnam War.  This document shows that, at the time of the applicant's
assignment to the 4th Infantry Division he participated in the Vietnam
Counteroffensive Phase VI and TET 69 Counteroffensive.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal which in this case is
the Vietnam Service Medal.

14. Army Regulation 635-5 (Separation Documents), in pertinent part,
provides that a DD Form 214 will be reissued when two DD Forms 215 have
been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  On 23 October 1987, the SSN on the applicant's DD Form 214 was
corrected by a DD Form 215. This form also removed the Vietnam Service
Medal and the Vietnam Campaign Medal, and then added the Army Commendation
Medal w/"V" Device, the Good Conduct Medal, the Vietnam Service Medal w/one
bronze service star, the Combat Infantryman Badge, the Vietnam Campaign
Medal w/Device (1960) and the Republic of Vietnam Gallantry Cross w/Palm
Unit Citation.

2.  On 19 July 1997, the service number on the applicant's DD Form 214 was
corrected by a DD Form 215; however this form still contained the wrong
service number.

3.  On 27 November 2002, the Purple Heart was added to the applicant's DD
Form 214 by a DD Form 215; however this form still contained the wrong
service number and SSN.

4.  The applicant is entitled to award of the Army Commendation Medal with
"V" Device (1st Oak Leaf Cluster) based on general orders. Therefore, his
records should be corrected to show these awards.

5.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal.  Therefore, his records should be corrected to show
this award.

6.  Records show the applicant participated in two campaigns during his
service in the Vietnam War.  Therefore, he is entitled to award of two
bronze service stars to be worn on his Vietnam Service Medal.

7.  Three DD Forms 215 have already been issued in an effort to correct the
applicant’s records.  In accordance with AR 635-5 a new DD Form 214 should
have been issued after the second DD Form 215.  This was not accomplished
and a third DD Form 215 was issued.  In accordance with regulation the
applicant is entitled to a new DD Form 214 to include all entitlements and
corrections cited above.

8.  Records show the applicant should have discovered the error or
injustice now under consideration on 13 May 1969, the date of his
separation from active duty. Therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 12 May 1972.
The applicant did not file within the 3-year statute of limitations;
however he has provided compelling evidence to show that it would be in the
interest of justice to excuse the failure to timely file.

BOARD VOTE:

____LE _  ___PS  __  ___LH __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION













BOARD DETERMINATION/RECOMMENDATION:

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 a new DD Form 214 be issued to show the
sixth digit of the applicant’s SSN as a six and the third and fourth digits
of his service number as eight and seven.  This form should also show award
of the Purple Heart, Army Commendation Medal w/”V” Device (1st Oak Leaf
Cluster), Good Conduct Medal, Vietnam Service Medal with two bronze service
stars, Combat Infantryman Badge, Vietnam Campaign Medal w/Device (1960),
Republic of Vietnam Gallantry Cross w/Palm Unit Citation, and Republic of
Vietnam Civil Actions Honor Medal.





                                  _____Lester Echols_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19690513                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |Correction to DD Form 214/215’s         |
|                        |consolidate                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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