IN THE CASE OF:	  

		BOARD DATE:	  25 June 2009

		DOCKET NUMBER:  AR20080019980 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct Social Security Number (SSN) and to include all awards he is eligible for.  

2.  The applicant states, in effect, the SSN listed in item 3 (Social Security Number) of his DD Form 214 is incorrect and erroneously lists the number 7 instead of the number 9 as the third digit.  He also requests that all the awards he is eligible for be added to his DD Form 214.  

3.  The applicant provides a Social Security Administration (SSA) print-out and his DD Form 214 in support of his application. 

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 and entered active duty on 7 February 1968.  A DD Form 47 (Record of Induction) and induction orders published by the Armed Forces Examination and Entrance Station (AFEES), Milwaukee, Wisconsin, on 7 February 1968, lists the third digit of the applicant's SSN as 9.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) that was prepared on 13 February 1968 upon his entry on active duty lists his SSN with the number 9 as the third digit in item 1 (Name and Service Number).  All orders and other documents on file in the applicant's Official Military Personnel File (OMPF) that contain an SSN list it using the number 9 as the third digit.

4.  The applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 4 April 1969 through 30 January 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to B Battery, 
7th Battalion, 8th Artillery Regiment, performing duties in military occupational specialty (MOS) 13A (Field Artillery) as a cannoneer and assembler.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Parachutist Badge, Army Commendation Medal (ARCOM), RVN Campaign Medal (RVNCM) with Device (1960), and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.  

6.  The applicant's OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  The OMPF also contains Headquarters, Student Brigade, United States Army Infantry Center, Fort Benning, Georgia, Special Orders Number 167, dated 10 July 1968, which confirms the applicant was placed on Parachutist (hazardous) duty on 24 June 1968, and that he had been awarded the Parachutist Badge and the Special Qualification Identifier P (Parachutist).  It also contains orders confirming he qualified as an expert with the M-14 rifle on 26 March 1968 and with the M-60 machine gun on 29 May 1968.

7.  On 31 January 1970, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four (SP4), after completing 1 year, 
11 months, and 24 days of active military service.  The DD Form 214 he was issued at the time lists his SSN in item 3 using the number 7 instead of the number 9 as the third digit.  

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure:  NDSM, VSM, RVNCM, and ARCOM.  

9.  The applicant provides an SSA print-out that shows his correct SSN contains the number 9 as the third digit.  

10.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with his award for each campaign a member is credited with participating in while serving in the RVN.  

11.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (7th Battalion, 8th Artillery Regiment) was awarded the Meritorious Unit Commendation (MUC) for the period 2 May 1968 through
1 May 1969, in Department of the Army General Order (DAGO) 39, issued in 1970; and the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the TET 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969); and the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the SSN listed in item 3 of his DD Form 214 be corrected was carefully considered and found to have merit.  


2.  The evidence of record, which includes a DD Form 47 and induction orders, and the DA Form 20 prepared upon his entry on active duty, confirms the applicant enlisted and served using his SSN that contained the number 9 as the third digit, which has been verified as his correct SSN by the SSA.  As a result, item 3 of his DD Form 214 should be corrected accordingly.  

3.  The applicant's request that all awards he is eligible for be added to his record and DD Form 214 was also carefully considered and found to have merit.  His record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 7 February 1968 through 31 January 1970, and to add this award to his record and DD Form 214 at this time. 

4.  The evidence of record confirms that based on his RVN service and campaign participation, the applicant is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Action Honor Medal First Class Unit Citation, and 
3 bronze service stars for wear on his VSM.  Therefore, these awards should also be added to his record and DD Form 214.

5.  The applicant's record also contains orders that confirm he qualified for and was awarded the Parachutist Badge, and that he qualified as an expert with the M-14 rifle and M-60 machine gun, which qualified him for the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars.  As a result, it would also be appropriate to add these awards to his record and DD Form 214 at this time.  

BOARD VOTE:

___X____  ___X____  ___X___  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.  deleting from item 3 of the applicant's DD Form 214 the third digit "7" of the SSN listed and replacing it with the number "9";

	b.  deleting from item 24 of the applicant's DD form 214 the Vietnam Service Medal;

	c.  awarding the applicant the Army Good Conduct Medal for his qualifying honorable active duty service from 7 February 1968 through 31 January 1970;

   d.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars; and 

	e.  providing him a correction to his DD Form 214 that reflects these changes.



      __________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)                                         AR20080019980



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ABCMR Record of Proceedings (cont)                                         AR20080019980



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