RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060002399


      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. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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, in effect, correction of his DD Form 214
(Report of Transfer or Discharge) to show award of the Bronze Star Medal
with “V” Device.  He also requests that the fourth digit of his Social
Security Number (SSN) be corrected to show “5” instead of “8” on two
medical records and that the sixth digit of his SSN be corrected to show
“7” instead of “9” on orders, award certificates, and citations for the Air
Medal and the Army Commendation Medal.

2.  The applicant states his DD Form 214 is missing the Bronze Star Medal
with “V” Device.  He states his SSN is incorrect on the above mentioned
documents and that the fourth digit of his SSN is “5” and the sixth digit
is “7.”

3.  The applicant provides two medical records and orders, award
certificates, and citations for the Air Medal and the Army Commendation
Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
13 July 1973.  The application submitted in this case is dated 23 January
2006.

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’s enlistment contract shows the fourth digit of his SSN
is “5” and the sixth digit is “7.”  He enlisted on 15 July 1971 for a
period of 2 years.  He arrived in Vietnam on 6 March 1972.  He served as a
helicopter repairman assigned to Headquarters and Headquarters Company,
Aviation Platoon of the 196th Infantry Brigade in Vietnam from 8 March 1972
through 2 July 1972.  He was assigned to Troop D, 17th Cavalry in Vietnam
from 3 July 1972 through
2 February 1973.  On 13 July 1973, the applicant was released from active
duty.
4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Air Medal, the Aircraft Crew Member Badge, one award of
the Overseas Service Bar, and the Marksman Marksmanship Qualification Badge
with Rifle Bar as authorized awards.
5.  Headquarters, 1st Aviation Brigade General Orders Number 207, dated
19 January 1973, show the applicant received the Bronze Star Medal with “V”
Device for heroism on 5 November 1972 in Vietnam.  These orders show the
sixth digit of his SSN is “9.”

6.  The applicant provided a Standard Form 88 (Report of Medical
Examination) and a Standard Form 93 (Report of Medical History), dated 31
May 1973, which show the fourth digit of his SSN is “8.”

7.  Headquarters, 1st Aviation Brigade General Orders Number 337, dated
25 January 1973, show he received the Army Commendation Medal.  These
orders show the sixth digit of his SSN is “9.”  The applicant provided an
award certificate, dated 27 January 1973, for the Army Commendation Medal
which shows the sixth digit of his SSN is “9.”  He also provided a citation
for the Army Commendation Medal which shows the sixth digit of his SSN is
“9.”

8.  Headquarters, 1st Aviation Brigade General Orders Number 639, dated
27 January 1973, show the applicant received the Air Medal.  These orders
show the sixth digit of his SSN is “9.”  The applicant provided an award
certificate, dated 27 January 1973, for the Air Medal which shows the sixth
digit of his SSN is “9.”  He also provided a citation for the Air Medal
which shows the sixth digit of his SSN is “9.”

9.  Headquarters, 9th Infantry Division and Fort Lewis General Orders
Number 422, dated 19 July 1973, show the applicant received the Good
Conduct Medal.  The SSN is correct on these orders.

10.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

11.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

12.  Army Regulation 600-8-22 (Military Awards), 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.


DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal with “V”
Device.  The sixth digit of his SSN is incorrect on the orders for the
Bronze Star Medal with “V” Device which should be corrected to show “7”
instead of “9.”

2.  The applicant’s fourth digit of his SSN is incorrect on the Standard
Form 88 and the Standard Form 93, dated 31 May 1973, which should be
corrected to show “5” instead of “8.”

3.  The applicant’s sixth digit of his SSN is incorrect on the orders,
award certificates, and citations for the Air Medal and the Army
Commendation Medal which should all be corrected to show “7” instead of
“9.”

4.  Orders show the applicant received the Good Conduct Medal.

5.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 July 1973; therefore, the time for
the applicant to file a request for correction of any error expired on 12
July 1976.  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:

WP_____  _JR_____  __KJ____  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 all Department of the Army records of the
individual concerned be corrected by:

      a.  correcting the sixth digit of his SSN to show “7” on
Headquarters,
1st Aviation Brigade General Orders Number 207, dated 19 January 1973;

      b.  correcting the fourth digit of his SSN to show “5” on the
Standard Form 88 and the Standard Form 93, dated 31 May 1973;

      c.  correcting the sixth digit of his SSN to show “7” on the portion
pertaining to the individual concerned on Headquarters, 1st Aviation
Brigade General Orders Number 337, dated 25 January 1973, and on the award
certificate and citation for this medal;

      d.  correcting the sixth digit of his SSN to show “7” on the portion
pertaining to the individual concerned on Headquarters, 1st Aviation
Brigade General Orders Number 639, dated 27 January 1973, and on the award
certificate and citation for this medal; and

      e.  amending his DD Form 214 to show that he was awarded the Bronze
Star Medal with “V” Device, the Good Conduct Medal, the Vietnam Service
Medal with two bronze service stars, and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.



                            ___William Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002399                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |100.0900                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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