IN THE CASE OF:	

		BOARD DATE:	16 June 2009  

		DOCKET NUMBER:  AR20090002329 


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 his correct social security number, rank, level of education and all of his awards.  He also requests correction of his Honorable Discharge Certificate to show his rank as specialist four. 

2.  The applicant states that his social security number, rank, and level of education are incorrectly shown on his DD Form 214.  He also states that there are some medals missing. 

3.  The applicant provides, in support of his application, copies of his DD Form 214, Honorable Discharge Certificate, DA Form137 (Installation Clearance Form), separation orders, training certificate, "Freedom Team" letter and certificate, and a letter from the Jobs Corps Conservation Center.  

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.  In 1963, the applicant completed 6 years of elementary education in Lexington, Kentucky.

3.  On 24 April 1966, the applicant completed a DD Form 398 (Statement of Personal History) wherein he used a social security number of 229- ## - ####. 

4.  On 29 April 1966, the applicant enlisted in the Regular Army for 3 years.  His service number was 15-766 - ###.  His Form 20 (Enlisted Qualification Record) shows his social security number as 299-## -####.

5.  On or about 8 October 1966, the applicant completed his initial training and was awarded military occupational specialty 36K (Wireman).  He was assigned duty with the 1st Battalion, 27th Artillery Regiment located at Fort Sill, Oklahoma.

6.  Special Orders Number 25, 1st Battalion, 27th Artillery Regiment, dated 
18 February 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  On 22 March 1967, the applicant went with his unit to the Republic of Vietnam.  He performed wireman duties and returned to the United States on or about 16 March 1968.

8.  On or about 29 April 1968, the applicant was assigned to Fort Bragg, North Carolina.

9.  In March 1969, the applicant successfully completed the Tests of General Educational Development (GED), High School Level, administered by the United States Armed Forces Institute (USAFI).  His test report shows his social security number as 229- ## - ####.

10.   On 26 April 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for wrongful appropriation of a 1/4 ton truck and for failing to secure said vehicle thereby causing it to be stolen.  The punishment included reduction to pay grade E-1 and a forfeiture of $70.00 pay per month for 1 month.

11.  On 29 April 1969, the applicant was honorably released from active duty due to the expiration of his term of service and transferred to the United States Army Reserve Control Group (Reinforcement).  He had completed 3 years of active duty service.  

12.  The applicant's DD Form 214, Item 3 (Social Security Number) shows 
299- ## - ####.

13.  Item 5a (Grade, Rate or Rank) and 5b (Pay Grade) of the applicant's 
DD Form 214 shows: "PVT (P), E1."  

14.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal and the Republic of Vietnam Campaign Medal with (1960) Device.  

15.  Item 30 (Remarks) of the applicant's DD Form 214 shows, in part: Education 6 years elementary.  It does not indicate that he had successfully completed the GED tests.

16.  On 28 April 1972, the applicant was discharged from the United States Army.  His Honorable Discharge Certificate shows his rank as PV2 (private, pay grade E-2).

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; and the Tet Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 27th Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 17, dated in 1969, for award of the Meritorious Unit Commendation; in DAGO Number 54, dated in 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his social security number as 229- ## - ####; his rank as specialist four, pay grade E-4; his education level as high school; and to show all of his awards.  He also requests correction of his Honorable Discharge Certificate to show his rank as specialist four. 

2.  The applicant enlisted before the social security number was used as the primary means of personal identification.  Although his DA Form 20 shows his social security number as 299-### -####, the available evidence of record clearly shows that his social security number at the time of his enlistment was 229- ## - ####.  Therefore, his DD Form 214 should be corrected to show this number.

3.  The available evidence of record clearly shows the applicant accepted NJP 
3 days before he was separated from active duty.  He was reduced from pay grade E-4 to pay grade E-1.  There is no evidence of record showing that his rank and pay grade had been restored prior to his release from active duty.  Therefore, his request to change his DD Form 214 to show his rank as specialist four, pay grade E-4 should be denied.

4.  The available evidence of record clearly shows that the applicant had successfully completed the GED tests at the high school level.  There is no evidence showing that he had obtained a high school equivalency certificate prior to being released from active duty.  However, as a matter of equity, it would be appropriate to add a statement to his DD Form 214 showing his successful completion of the GED Tests. 

5.  The applicant's Honorable Discharge Certificate indicates that his rank and pay grade at the time of his discharge was private, E-2.  There is no available evidence of record showing that he had received any additional advancement in rank and pay grade prior to his honorable discharge in 1972.  Therefore, his request to change the rank on his Honorable Discharge Certificate should be denied.  However, the applicant's social security number is shown as 
299- ## - ####.  It should be corrected to show 229- ## - ####.

6.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

7.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.   Therefore, his records should be corrected to show this unit award.

8.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

9.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

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. showing in Item 3 (social Security Number) of his DD Form 214:
229- ## - ####;

	b.  adding in Item 30 of his DD Form 214: Completed General Educational Development (GED) High School Level, March 1969 in lieu of the 6 years elementary education entry now shown;

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar; and

	d.  issuing him an Honorable Discharge Certificate effective 28 April 1972 with the correct social security number.




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 changing his rank and/or pay grade on his DD Form 214 or his Honorable Discharge Certificate.  




      _______ _   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)                                         AR20090002329



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ABCMR Record of Proceedings (cont)                                         AR20090002329



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