IN THE CASE OF:	  .

		BOARD DATE:	       30 JUNE 2009

		DOCKET NUMBER:  AR20090002630 


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 item 2 (Service Number [SN]), item 3 (Social Security Number [SSN]), and item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his complete SN, correct SSN, and to add the Army Good Conduct Medal (AGCM), Bronze Star Medal (BSM) 1st Oak Leaf Cluster with "V” (Valor) Device, Air Medal (AM), and all other awards he is eligible for based on his service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that the SN listed in item 2 is missing the last three digits and the first three digits of the SSN listed in item 3 of his DD Form 214 are incorrect.  He also states that the AGCM, BSM 1st Oak Leaf Cluster with "V” Device, AM, and all other awards he is eligible for based on his service in the RVN should be added to item 24 of his DD Form 214.  He claims these awards were left off his DD Form 214 at the time he left the RVN and the Army.

3.  The applicant provides the following documents in support of his application:  DD Form 214; National Personnel Records Center (NPRC) letter, dated 
6 February 2009; Headquarters, 101st Airborne Division, General Orders (GO) Number (#) 9908, dated 28 July 1969; and DA Form 20 (Enlisted Qualification Record).


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 19 June 1968.  A DD Form 47 (Record of Induction) prepared during the applicant's induction processing on file in his Official Military Personnel File (OMPF) lists the first three digits of his SSN as “258” in item 1 (Last Name, First Name, Middle Name).  It also lists the last three missing digits of his SN as "173" in item 2 (SN).  The OMPF also contains Armed Forces Examining and Entrance Station (AFEES) Special Orders (SO) # 120, dated 19 June 1968; and a DD Form 1584 (National Agency Check Request), which both list the last three missing digits of his SN as "173" and the first three digits of his SSN as "258."

3.  The applicant's DA Form 20 shows he served in the RVN from 24 November 1968 to 19 January 1970.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company C, 2nd Battalion (Airmobile), 501st Infantry Regiment, performing duties in military occupational specialty (MOS) 11B as a rifleman.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), BSM 1st Oak Leaf Cluster with "V" Device, Army Commendation Medal (ARCOM), AM, "Vietnamese Unit Citation Emblem," "Meritorious Unit Citation," Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars. 

4.  Item 38 of the applicant’s DA Form 20 also shows he received “Excellent” conduct and efficiency ratings at all of his active duty assignments, and his 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).

5.  The applicant was awarded the AM, in Headquarters, 101st Airborne Division GO # 7221, dated 19 June 1969.  

6.  The applicant's OMPF also contains Headquarters, 101st Airborne Division, GO # 9908, dated 28 July 1969, which awarded him the BSM with "V" Device, for his heroism in ground combat against a hostile force in the RVN on 23 March 1969.  It also contains Headquarters, 101st Airborne Division (Airmobile), GO # 10691, dated 18 August 1969, which awarded him the BSM for meritorious service in connection with ground operations against a hostile force during the period 1 December 1968 through 31 July 1969.

7.  On 22 January 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 7 months, and 4 days of active military service.  Item 2 of the DD Form 214 shows only 5 digits of his SN.  Item  3 of the DD Form 214 shows the first three digits of his SSN as "173.”  Item       24 shows he earned the following awards during his active duty tenure:  NDSM, RVN Campaign Medal (RVNCM), VSM, CIB, BSM 1st Oak Leaf Cluster, ARCOM, RVN Unit Citation, RVN Gallantry Cross with Palm Unit Citation,           2 Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars.

8.  The applicant's OMPF further contains a U. S. Army Administration Center Form 71 (Army Reserve Status and Address Verification), dated February 1971.  This document shows the applicant attempted to correct his record to reflect the SSN he now claims to be correct.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army and established standardized procedures for the preparation and distribution of these documents.  Section III contains guidance on the preparation and distribution of the DD Form 214.  It states for item 2, enter the individual's service number and authorized prefix.  It states for item 3, transcribe Social Security account number from DA Form 2139 (Military Pay Voucher).  It further states for item 24, enter from DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

10.  Army Regulation 600-8-22 contains 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 this award for each RVN campaign a member is credited with participating in.
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 normal qualifying period is 3 years; however, for the 1st award only, upon termination of service on or after 27 June 1950, a period of more than 1 but less than 3 years is a qualifying period.   Although there is no automatic entitlement to the AGCM, disqualification must be justified.

12.  Paragraph 9-19 of the awards regulation contains guidance on the RVN Campaign Medal (RVNCM).  It states, in pertinent part, that it is awarded for completion of six months of service in the RVN during the period between 
1 March 1961 to 28 March 1973.  It further stipulates that it is awarded with the Device (1960).  

13.  The awards regulation further states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

14.  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 (501st Infantry Regiment) was awarded the Presidential Unit Citation (PUC) by Department of the Army (DA) GO # 16, 1972; Valorous Unit Award (VUA) by DAGO # 2, 1971; RVN Gallantry Cross with Palm Unit Citation by DAGO # 43, 1970; and RVN Civil Actions Honor Medal First Class Unit Citation by DAGO # 48, 1971.  It also shows that during this period, participation credit was granted for the Vietnam Counteroffensive Phase VI
(2 November 1968 - 22 February 1969); Tet 69 Counteroffensive, 1969            (23 February 1969 – 8 June 1969); Vietnam Summer-Fall 1969 (9 June         1969 – 31 October 1969); and Vietnam Winter-Spring 1970 (1 November      1969 – 30 April 1970) campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the last three digits of his SN in Item 2 of his DD Form 214 are missing, and that the first three digits of his SSN listed in item 3 are incorrect, was carefully considered and found to have merit.  The evidence of record confirms the SN under which the applicant enlisted and served contained the number "173" (and the prefix "US") as the last three (sixth through eighth) digits, and that the SSN under which the applicant enlisted and served contained the numbers "258" as 
the first three digits, as evidenced by entries on his DD Form 47 and induction orders, and on the DD Form 1584 prepared during his induction processing.  Further, all official documents in his OMPF which contain his SN and SSN all reflect the applicant’s SN with the number "173" as the sixth through eight digits, and the SSN with the numbers “258” as the first three digits, which he now confirms is correct.  As a result, it would be appropriate to correct item 2 and item 3 of the applicant's DD Form 214 accordingly.

2.  The applicant's contention that the BSM 1st Oak Leaf Cluster with "V" Device and AM should added to the list of awards in item 24 of his DD Form 214 was also carefully considered and found to have merit.  The evidence of record confirms the applicant was initially award the BSM with "V" Device for his heroism on 28 July 1969, and he was subsequently awarded the BSM for his meritorious service on 18 August 1969, as evidenced by orders contained in his OMPF.  As a result, it would be appropriate to correct item 26 of his DD Form 214 by adding the BSM 1st Oak Leaf Cluster with "V" Device.

3.  The evidence of record confirms the applicant was awarded the AM on 
19 June 1969, as evidenced by orders on file in his OMPF.  As a result it would also be appropriate to add this award to item 24 of his DD Form 214.

4.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the 1st award of the AGCM, for his qualifying period of honorable active duty service from 19 June 1968 through 22 January 1970.

5.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also entitled to the PUC, VUA, RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with his VSM.  Thus, these awards should also be added to his record and DD Form 214.

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 2 of his DD Form 214 the entry "US 53 458" and replacing it with the entry "US 53 458 173";

	b.  deleting from item 3 of his DD Form 214 the entry "173-xx-xxxx" and replacing it with the entry "258-xx-xxxx";

	c.  awarding him the Army Good Conduct Medal (1st award) for his qualifying period of honorable active duty service from 19 June 1968 through 22 January 1970; and 

	d.  deleting from item 24 of his DD Form 214 the current list of awards and replacing it with the entry "National Defense Service Medal, Bronze Star Medal 1st Oak Leaf Cluster with "V" Device, Army Commendation Medal, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, Valorous Unit Award, Combat Infantryman Badge; 2 Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars; and

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



      _________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)                                         AR20090002630



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ABCMR Record of Proceedings (cont)                                         AR20090002630



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