IN THE CASE OF:	 

		BOARD DATE:	  6 November 2008

		DOCKET NUMBER:  AR20080003942 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 
14 December 1969 to show his correct social security number (SSN).  In addition, he further requests that the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge (Pistol), and the overseas service bar be added to his DD Form 214.

2.  The applicant states, in effect, that he served his country with honor in Vietnam and his records deserve to reflect this honor. 

3.  The applicant provides 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 was inducted into the Army on 5 January 1968.  He successfully completed basic training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 1 (General) of the applicant's DD Form 47 (Record of Induction), dated 
5 January 1968, shows the first three digits of his SSN as 531.

4.  Item 9 (Social Security Number) of the applicant’s DA Form 41 (Record of Emergency Data), dated 3 March 1968, show the first three digits of his SSN as 351.  

5.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk Special Orders Number 090, Paragraph 240, dated 9 April 1968, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk Special Orders Number 090, Paragraph 237, dated 9 April 1968, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar. 

7.  The applicant arrived in Vietnam and was assigned to A Company, 1st Battalion, 12th Infantry, 4th Infantry Division on 6 June 1968.  

8.  Headquarters, 4th Infantry Division Special Orders Number 212, dated 30 July 1968, show that the applicant was awarded the Combat Infantryman Badge.  The orders show the first three digits of his SSN as 351.

9.  The applicant departed Vietnam on 5 June 1969 after being credited with participating in four campaigns.  

10.  Headquarters, 24th Infantry Division Forward Special Orders Number 300, dated 27 October 1969, show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.

11.  On 14 December 1969, the applicant was honorably released from active duty in the rank of Specialist Four (SP4)/E-4 after completing 1 year, 11 months, and 10 days of creditable active service with no time lost. 


12.  The applicant's DD Form 214 with the ending period 14 December 1969 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.  Item 3 (Social Security Number) shows the first three digits of the applicant's SSN as 381.  There are no documents in the applicant's military personnel records jacket (MPRJ) that show the first three digits of his SSN as 381.

13.  Office of The Adjutant General, U.S. Army Reserve Components and Administration Center Letter Orders Number 12-1328539, dated 19 December 1973, show the first three digits of the applicant's SSN as 351.  

14.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

17.  Army Regulation 670-1 (Uniforms and Insignia), governs the requirements for the Overseas Service Bar.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to 

the 1st Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 
August 1968 based on Headquarters, Department of the Army General Orders Number 3, dated 1970.

19.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 based on Headquarters, Department of the Army General Orders Number 53, dated 1970.

20.  Army Regulation 600-8-22 provides, in pertinent part, for 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.  The applicant's DD Form 214 with the period ending 14 December 1969 erroneously shows the first three digits of his SSN as 381.  The applicant's DA Form 41, DD Form 47, Letter Orders, and special orders confirm that his DD Form 214 is incorrect.  The preponderance of evidence supports the applicant's contention that his SSN on his DD Form 214 incorrect.  His DD Form 214 should be corrected to reflect the first three digits of his SSN as 351.

2.  Evidence of record show that the applicant was awarded the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  His DD Form 214 should be amended to add these awards.

3.  Evidence of records shows the applicant is eligible for award of the Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be amended to add this award.

4.  The applicant served in Vietnam from 6 June 1968 through 5 June 1969 
(12 months).  Therefore, he is eligible to wear two overseas bars.  However, the overseas service bar is an item of uniform wear and not an authorized military award.  There are no provisions for entering the overseas service bar on the DD Form 214.



5.  The applicant was separated in the rank of Specialist Four with 1 year, 
11 months, and 10 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 5 January 1968 through 14 December 1969.

6.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  _____X___  ___X_____  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:

		a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 5 January 1968 through 14 December 1969;

		b.  correcting the first three digits of his SSN on his DD Form 214 in item 
3 to read 351; and 

		c.  amending his DD Form 214 to add the Army Good Conduct Medal (1st Award), the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar, and to add four bronze service stars to his already-awarded 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 adding the overseas service bar to his DD Form 214.




      _______ XXX_   _______   ___
               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)                                         AR20080003942





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ABCMR Record of Proceedings (cont)                                         AR20080003942



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