RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070014124 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

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:

	a.  correction of his Social Security Number (SSN) from "xxx-xx-4145" to "xxx-xx-4143" on his Citation, Certificate, and General Orders awarding him the Bronze Star Medal; and

	b.  correction of his records to show award of the Bronze Star Medal.

2.  The applicant states that the incorrect Social Security Number was entered due to an administrative oversight.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 9 July 1971;

	b.  Headquarters, U.S. Army Support Command, Saigon, General Orders Number 1016, dated 20 July 1970, showing award of the Bronze Star Medal;

	c.  Citation and Certificate, dated 20 July 1970, showing award of the Bronze Star Medal; and

	d.  Two Certificates of Appreciation, dated 9 July 1971.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant was inducted into the Army of the United States on 15 March 1967.  His DD Form 47 (Record of Induction) shows his SSN as xxx-xx-4143.

3.  The applicant's service records show his SSN as xxx-xx-4143.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  His SSN as xxx-xx-4143;

	b.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Operator);

	c.  The highest grade he attained during his military service was private first class (PFC)/E-3; and

	d.  He served in the Republic of Vietnam from 11 December 1969 to 10 November 1970, first with the 379th Transportation Company (11 December 1969 to 16 April 1970), and then with the 538th Transportation Company (17 April 1970 to 10 November 1970).

4.  The applicant was honorably separated from active duty on 9 July 1971.  His DD Form 214 shows his SSN as xxx-xx-4143.

5.  Item 24 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and one Overseas Service Bar.  Item 24 does not show award of the Bronze Star Medal.

6.  Headquarters, U.S. Army Support Command, Saigon, General Orders Number 1016, dated 20 July 1970, a copy of which is contained in the applicant's service records, shows he was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam from 1 May 1970 to 30 June 1970 [apparently for service during Operation Shoemaker, the Cambodian Incursion].  However, his SSN is shown as "xxx-xx-4145" on his General Orders and on his Certificate and Citation.

7.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

9.  The applicant was awarded the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  All of the applicant's service records reflect his SSN as xxx-xx-4143; only the orders, citation and certificate awarding him the Bronze Star Medal show his SSN as xxx-xx-4145.

2.  It is obvious the applicant is the individual awarded the Bronze Star Medal for service from 1 May through 30 June 1970.  His name is correct; his rank is correct for the period cited in the citation and on the certificate; he was assigned or attached to a transportation unit; and he held a transportation MOS.  the only discrepancy is the last digit of the SSN shown on the Bronze Star Medal documentation; this is obviously a typographical error and should be corrected.

3.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant's records show he was awarded the Vietnam Service Medal.  Additionally, his records show that he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to awards of three bronze service stars to be affixed to the Vietnam Service Medal.


BOARD VOTE:

__rtd___  __mjnt__  __drg___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending General Orders Number 1016, dated 20 July 1970, and published by Headquarters, U.S. Army Support Command, Saigon, to show the applicant's SSN as "xxx-xx-4143"; 

	b.  issuing the applicant a new Certificate and a new Citation, also showing his correct SSN as "xxx-xx-4143"; and

	c.  showing award of the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




						Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.