RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070018159 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Ms. Yolando Maldonado

Member

Mr. Edward E. Montgomery

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 Social Security Number be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests that the Combat Infantryman Badge (CIB) be added to his DD Form 214. 

2.  The applicant states, in effect, that his Social Security Number is wrong on his DD Form 214.  He received the CIB but it was not recorded on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 and Social Security Card.

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's military personnel record shows he was inducted into the Army of the United States on 10 September 1965.  He completed the necessary training and was awarded military occupational specialty (MOS) 31C (Armor Radio Mechanic). 

3.  He served as a 31B (Senior Radio Operator) with Headquarters and Headquarters Company (HHC), 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) in the Republic of Vietnam during the period 16 December 1966 to  
1 September 1967.

4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St Louis, Missouri on 2 September 1967.  He completed 1 year, 11 months, and 23 days of Net Service This Period.



5.  The available records are limited and most only show the applicant’s service number.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows the entry "XXX-12-XXXX."

6.  The Social Security Card the applicant submitted was issued on 27 April 2007 and shows the entry "XXX-72-XXXX."

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, one Overseas Service Bar, Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.  However, it does not show the award of the CIB.

8.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  This regulation provided, in pertinent part, the Soldier's Social Security Number, taken from the DA Form 2139 (Military Pay Voucher), would be entered in Item 3 of the DD Form 214.

9.  The applicant's military service records do not contain any orders awarding him the CIB.

10.  Appendix 3 to Annex A to U.S. Army Vietnam Regulation Number  
672-1 listed advisor positions in MACV, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

11.  A review of the applicant's records indicates entitlement to an additional award and decoration not shown in item 24 of his DD Form 214.

12.  Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the 

termination of a period of Federal military service.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows the unit, to which the applicant was assigned, HHC, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 70, dated 1969.

14.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated and received campaign credit for the Vietnam Counteroffensive, Phase II  
(1 July 1966 to 1 May 1967) and Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968).  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.  The applicant contends that his Social Security Number should be corrected on his DD Form 214 and the award of the CIB should be added.

2.  The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

3.  The applicant has failed to establish a basis for compromising the integrity of the Army's records.  However, the Record of Proceedings will be filed in the applicant's military records; therefore, a record of the additional SSN issued by the Social Security Administration will be on hand.

4.  The applicant has not provided any evidence to show he accompanied infantry or infantry-type units on tactical operations while in the Republic of Vietnam.  The applicant's primary duty was a Senior Radio Operator at HHC,  
1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile).  Therefore, he is not entitled to correction of his records to add the CIB. 

5.  Records show he is authorized the Army Good Conduct Medal first award for the period 10 September 1965 to 2 September 1967 for completion of a period of qualifying service less than three years, but more than one year, ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, he is entitled to correction of his records to show this award.

6.  Evidence shows the applicant is authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

7.  Evidence shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__YM___  __SLP___  __EEM__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the Army Good Conduct Medal first award for the period 10 September 1965 to 2 September 1967, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his Vietnam Service Medal. 

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 his Social Security Number and the CIB.




_____Shirley L. Powell____
          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.