IN THE CASE OF:	  

	BOARD DATE:	  3 July 2008

	DOCKET NUMBER:  AR20080003841 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the last four digits of his social security number (SSN).  He also requests that his DD Form 214 be corrected to show additional awards and that he served in Vietnam.  

2.  The applicant states that his DD Form 214 does not reflect his complete SSN nor does it have all of his medals.  His DD Form 214 does not show he served in Vietnam which creates a problem for him in joining the Veterans of Foreign Wars. 

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 13 December 1965.  He completed a DA Form 2753-R (Designation of Legal Residence) on 17 December 1965 which shows the last four digits of his SSN as “1681.”

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to Germany on 27 May 1966.

4.  On 2 June 1966, the applicant completed a Form W-4 (Employee’s Withholding Exemption Certificate) which shows the last four digits of his SSN as “1681.”

5.  The applicant’s personnel records contain a DA Form 1341 (Allotment Authorization), dated 29 May 1967 which shows the last four digits of his SSN as “1681.”

6.  The applicant departed Germany on 11 September 1967.  

7.  His DA Form 20 shows he was assigned to Vietnam on 18 October 1967 with the 75th Supply Company.  

8.  The applicant departed Vietnam on 9 November 1968.  He was credited with participation in the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign.

9.  Headquarters, Troop Command, U.S. Army Depot, Special Order Number 30, dated 8 November 1968, shows the last four digits of his SSN as “1681.”

10.  His Financial Data Records for the pay period 1 October to 31 October 1968 shows the last four digits of his SSN as “1681.”

11.  Headquarters, U.S. Army Personnel Center, Special Orders Number 317, dated 12 November 1968, released the applicant from active duty on 12 November 1968.  The last four digits of his SSN are shown as “1681” on the standard name line.  

12.  The last four digits of the applicant’s SSN in item 3 (Social Security Number) on his DD Form 214 is blank.  

13.  Item 41 (Awards and Decorations) on his DA Form 20 lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with 1960 Device.
14.  His DD Form 214 only shows the National Defense Service Medal as an authorized award.  

15.  Item 22c (Foreign Service) on his DD Form 214 shows he completed 1 year, 1 month, and 26 days of foreign service.  

16.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

17.  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.  

DISCUSSION AND CONCLUSIONS:

1.  Several documents in the applicant's personnel records show the last four digits of his SSN as “1681.”  However, his DD Form 214 does not reflect these digits in item 3.  Therefore, it would be appropriate to amend item 3 on his DD Form 214 to include the last four digits of his SSN as “1681.”

2.  The evidence of record shows the applicant served in Germany from 27 May 1966 to 11 September 1967 (a period of 1 year, 3 months, and 15 days) and he served in Vietnam from 18 October 1967 to 9 November 1968 (a period of 1 year and 20 days).  However, his DD Form 214 incorrectly reflects only 1 year, 1 month, and 26 days of foreign service.  Therefore, it would be appropriate to amend his DD Form 214 to include all of his foreign service (a total of 2 years, 4 months, and 6 days) in item 22c.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  Therefore, this foreign unit award should be added to his DD Form 214.

4.  The applicant’s Enlisted Qualification Record lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with 1960 Device.  However, these awards are not shown on his DD Form 214.  Therefore, these awards should be added to his DD Form 214.  

5.  The applicant received credit for participation in four campaigns during the Vietnam War.  Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:

____xx__  ___xx___  ___xx___  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 item 3 on his DD Form 214 to show the last four digits of his SSN as “1681”; 

	b.  amending item 22c on his DD Form 214 to show 2 years, 4 months, and 6 days of foreign service; and 

	c.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Campaign Medal with 1960 Device, and four bronze service stars for wear on his Vietnam Service Medal to his DD Form 214.




       _    _xxxx__   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20080003841





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ABCMR Record of Proceedings (cont)                                         AR20080003841



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