RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 AUGUST 2006
      DOCKET NUMBER:  AR20050017001


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 his Silver Star award certificate and three
award orders be corrected to reflect his correct Social Security Account
Number (SSAN).  He also asks that the awards be reissued.

2.  The applicant states that a clerical error was made when entering his
SSAN.

3.  The applicant provides a copy of the award certificate and the award
orders he wishes to have corrected.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 March 1969.  The application submitted in this case is
dated
21 November 2005.

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.  Records available to the Board indicate the applicant served on active
duty between April 1966 and March 1969.  During his period of military
service he was awarded two Silver Stars and a Bronze Star Medal with “V”
device in addition to several other service awards.

4.  In May 2002 a new separation document was administratively issued by
officials of the Army Board for Correction of Military Records located in
St. Louis, Missouri, for the applicant’s period of military service ending
in March 1969 and a correction to his March 1967 separation document was
also issued.  Both documents corrected an error in the applicant’s SSAN
from that reflected in the original documents.  The action corrected the
first digit of the applicant’s SSAN from a 5 to a 4.  The remaining numbers
were correct on the original document.



5.  The applicant’s three award orders, issued by the 1st Infantry Division
between 1968 and 1969, all reflected the applicant’s incorrect SSAN.  His
12 September 1968 Silver Star award certificate, which was issued in 1972,
also reflected the incorrect first digit of the SSAN.

6.  Army Regulation 600-8-22 states that commanders are authorized to
correct, by endorsement, minor errors appearing on award orders published
by other commanders.  Examples of minor errors included the incorrect
spelling of names, initials, and social security numbers.  It also notes
that SSANs are no longer printed on award certificates issued to
individuals but only handwritten on the copy of the certificate forwarded
for inclusion in the individuals Official Military Personnel File.

7.  Army Regulation 600-8-22 also states the request for reissueance or
replacement of awards may be made at cost after submitting a request to the
Commander, United States Army Human Resources Command-St. Louis, 9700 Page
Boulevard, Attention: DARP-VSE-A, St. Louis, Missouri 63131-5200.

DISCUSSION AND CONCLUSIONS:

1.  The administrative reissuance of the applicant’s 1969 separation
document and the correction to his 1967 separation document by officials of
the Army Board for Correction of Military Records in St. Louis, confirmed
the applicant’s SSAN as reflected on his 1972 Silver Star certificate and
on the three orders announcing award of his two Silver Stars and one Bronze
Star Medal with “V” device was also incorrect.  As such, in the interest of
justice and equity, it would be appropriate to correct his award orders by
issuing an endorsement correcting the first digit of his SSAN on those
orders to reflect a 4 vice a 5.

2.  Although SSANs are no longer contained on the original copy of the an
individuals award certificate, it would be appropriate to issue the
applicant a new Silver Star certificate, minus his SSAN as a means of
ensuring there is no future confusion over the incorrect number reflected
on his original certificate.

3.  If the applicant did in fact mean to ask that the awards be reissued,
he is advised the correction of the SSAN on his award elements would not
include reissuance of the medals.  He may, however, request replacement
medals via the information provided in paragraph 7 above.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 March 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
25 March 1972.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JM ___  ___SF___  __RH ___  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 partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  issuing an endorsement correcting the first digit of his SSAN on
his two awards of the Silver Star and on his award of the Bronze Star Medal
with “V” device to reflect a 4 vice a 5: and


      b.  issuing him a new Silver Star certificate, minus his SSAN.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
reissuance or replacement of the award medals based solely on correction of
his SSAN on the award orders and certificate.




                            ____Jeanette McCants_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017001                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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