IN THE CASE OF:	  

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080004987 


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, that his award certificates, which awarded him the Bronze Star Medal and the Air Medal, be corrected to show his correct serial number and to add these awards to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that the Bronze Star Medal and the Air Medal that were awarded to him for service in Vietnam were issued with the wrong selective service number and were not listed on his DD Form 214.  He adds that at that time, he did not care and has since changed his mind and does care.

3.  The applicant provides a copy of his DD Form 214, and copies of his award certificates which awarded him the Bronze Star Medal and the Air Medal, in support of his request.

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 record shows he was inducted into the Army of the United States on 21 September 1966.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B.  He was promoted to sergeant (SGT)/E-5 effective 29 April 1968.  

3.  The applicant served in Vietnam from 16 October 1967 to 9 September 1968 with Company B, 2nd Battalion (Airborne [Abn]), 327th Infantry Regiment.  He served until he was honorably released from active duty on 13 September 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation. 

4.  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 Device (1960); the Combat Infantryman Badge; and the Parachutist Badge.  His DD Form 214 does not show any additional awards.

5.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Bronze Star Medal or Air Medal orders on file for the applicant.

6.  At the time of the applicant's service, the applicant was identified with the Army Service Number, "US __ _2_ 502."  The applicant served throughout his military service with this service number.

7.  Item 2 (Service Number), of the applicant's DD Form 214, shows the same number with which he was identified throughout his service in the Army.

8.  The applicant provided an award certificate, dated 31 October 1968, which shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period 14 September 1967 to 13 September 1968.  This certificate has a service number of "US __ _5_ 033."

9.  Item 31 (Foreign Service), of the applicant's DA Form 20, shows the applicant did not arrive in Vietnam until 16 October 1967. 

10.  The applicant provided an award certificate, dated 3 February 1969, which shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam on 4 August 1968.  This certificate was signed by the Commander, a Major General, of the 101st Airborne Division.  This certificate has a service number of "US __ _5_ 033." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to have the service number corrected on the award certificates for the Bronze Star Medal and the Air Medal is acknowledged.

2.  The service number shown in Item 2, of the applicant's DD Form 214 is the correct number that he reported as being his.  He consistently used the service number "US __ _2_ 502" throughout his Army service, as evidenced by Army records.

3.  The evidence shows the award certificates provided by the applicant show a different service number than the one he was issued and served with.  He has provided no evidence, and there is none in the available records, to show that an error occurred or that the number shown on the award certificates should be changed to coincide with the service number he served with.  The applicant is therefore not entitled to correction of the award certificates for the Bronze Star Medal and Air Medal to show his service number of "US __ _2_ 502" instead of the service number of "US __ _5_ 033."

4.  It is noted that the period for award of the Bronze Star Medal is from 14 September 1967 to 13 September 1968.  However, his records show that he did not arrive in Vietnam until 16 October 1967. 

5.  The award certificate presented by the applicant for the Bronze Star Medal is not a complete and legible copy.  The award certificate presented does not show the commander's name who approved the award or the unit the commander was assigned to.  The applicant failed to provide orders awarding him the Bronze Star Medal to coincide with the award certificate which shows a different service number than the one he served with on active duty.  Therefore, there is no basis for adding this award to his DD Form 214 or changing the service number to reflect "US __ _2_ 502." 

6.  The award certificate presented by the applicant that awards him the Air Medal was signed on 3 February 1969 by the Commander, a Major General, of the 101st Airborne Division.  Again, the applicant failed to provide orders awarding him the Air Medal to coincide with the award certificate which show a 
different service number than the one he served with on active duty.  Therefore, there is no basis for adding this award to his DD Form 214 or changing the service number to reflect "US __ _2_ 502."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________x_____________
               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)                                         AR20080004987



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ABCMR Record of Proceedings (cont)                                         AR20080004987



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