IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090000683 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that the last four digits of his social security number (SSN) is 5456 and that he was awarded the Silver Star.

2.  The applicant states that the last four digits of his SSN on his DD Form 214 are incorrect and that his award of the Silver Star is not reflected on that form.

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 was born on 16 January 1947 and was inducted into the Army of the United States in Jacksonville, Florida, on 6 September 1967.  At the time of his induction the last four digits of his SSN were listed as "5456."

3.  He completed his basic training at Fort Benning, Georgia, and his advanced individual training at Fort Sill, Oklahoma.  He was transferred to Vietnam on 15 February 1968 for duty as a cannon crewman with C Battery, 2nd Battalion, 13th Artillery Regiment, 23d Artillery Group.

4.  On 20 August 1968, while serving in the pay grade of E-3 he submitted a request for a foreign service tour extension of 56 days in order to qualify for a 150-day early separation from the Army.  His request was approved and his new date of estimated return from overseas was changed to 11 April 1969.

5.  On 13 September 1968, the applicant was wounded when a large combined North Vietnamese/Viet Cong force attacked Fire Support Base Buell III.  He was awarded the Purple Heart and the Silver Star for that action.

6.  He was advanced to the pay grade of E-4 on 26 February 1969 and he departed Vietnam on 11 April 1969 for assignment to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 11 April 1969 as an early overseas returnee.  He had served 1 year, 7 months, and 6 days of total active service.  His DD Form 214 issued at the time of his REFRAD reflects the last four digits of his SSN as "5654" vice "5456."  It shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Army Good Conduct Medal, the Vietnam Service Medal (VSM), and the Purple Heart.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Valorous Unit Award (VUA), the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal - First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in five campaigns while assigned to Vietnam and is entitled to be awarded one silver service star for wear on his already-awarded VSM.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the last four digits of his SSN on his DD Form 214 need to be corrected and that his award of the Silver Star needs to be added has been noted and found to have merit.

2.  At the time of his induction the last four digits of his SSN were documented as being "5456."  However, at the time of his REFRAD, his DD Form 214 was incorrectly prepared to reflect the last four digits of his SSN as "5654."  Accordingly, his DD Form 214 should be corrected to reflect "5456" as the last four digits of his SSN.

3.  The applicant was clearly awarded the Silver Star as documented by the presence of general orders in his official records.  Accordingly, that award should be entered on his DD Form 214 at this time.

4.  The evidence of record also shows that the applicant's unit was subsequently awarded the VUA, the MUC, the RVNGC with Palm Unit Citation, and the RVNCAHM-FC Unit Citation.  Additionally, he participated in five campaigns while serving in Vietnam and is entitled to one silver service star for wear on his already-awarded VSM.

BOARD VOTE:

___X____  ___X____  ____X__  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show that the last four digits of his SSN are "5456" vice "5654" as currently reflected on his DD Form 214 and by adding the Silver Star, the VUA, the MUC, the RVNGC with Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one silver service star for wear on his already-awarded VSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090000683



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ABCMR Record of Proceedings (cont)                                         AR20090000683



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