BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090006494 


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 correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 November 1969, to reflect all of the awards to which he is entitled.  He also requests, in effect, correction to his social security number shown on this DD Form 214.

2.  The applicant states, in effect, that his DD Form 214, dated 26 November 1969, shows the eighth digit of his social security number is a "2" and not an "8" as shown on his social security card.  His ex-wife, after a divorce, burned all of his records and personal belongings.  He would like to get them all straight again.

3.  In support of his application, the applicant provides copies of his birth certificate; social security card; driver's license; DA Form 20 (Enlisted Qualification Record); and his 1963, 1966, and 1969 DD Forms 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's military records show he enlisted in the Regular Army (RA) in pay grade E-1 on 12 April 1961 for 3 years.  At the time of the applicant's entry on active duty, he was assigned and further identified throughout his military service with an Army service number which began with the prefix "RA."

3.  The applicant provided a copy of his social security card showing the eighth digit as an "8."

4.  The applicant's DA Form 20, Section 1, lists the same social security number as shown on the applicant's social security card, with the eighth digit typed as an "8."  The eighth digit is overwritten with a "2."  His records show his social security number with the eighth digit as an "8" and a "2."

5.  The applicant was honorably discharged on 26 November 1963 for the purpose of immediate reenlistment.  The edition of the DD Form 214 he was issued at that time did not require the social security number to be shown.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards:  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

6.  The applicant reenlisted on 27 November 1963 for 3 years.  At the time of his reenlistment he was identified with his RA service number.  He served in Germany from 16 July 1963 to 26 April 1966.  He was honorably discharged on 26 November 1966 for the purpose of immediate reenlistment.  The edition of the DD Form 214 he was issued at that time did not require the social security number to be shown.  Item 26 lists the following awards:  the National Defense Service Medal, the Drill Sergeant Identification Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  The applicant reenlisted on 27 November 1966 for 3 years.  At the time of his reenlistment he was identified with his RA service number.  He served in the Republic of Vietnam from 28 April 1967 to 27 April 1968 with Headquarters and Headquarters Company and Company E, 3rd Battalion, 47th Infantry, 9th Infantry Division, during four campaigns.

8.  The applicant was honorably discharged in pay grade E-3 on 26 November 1969 at the expiration of his term of service.  Item 2 (Service Number) of the applicant's DD Form 214 shows the number with which he was identified throughout his service in the Army.  Item 3 (Social Security Number) shows the eighth digit of his social security number as a "2."

9.  Entries on the applicant's DD Form 214 in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) list the following awards:  the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  

10.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, 3rd Battalion, 47th Infantry, was awarded the Presidential Unit Citation for service from 29 January 1968 to 4 March 1968 based on Department of the Army General Orders Number 45, dated 1969, the Meritorious Unit Commendation for service from 1 January 1968 to 31 December 1968 based on Department of the Army General Orders Number 36, dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 30 June 1968 based on Department of the Army General Orders Number 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969 based on Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These service stars are not shown on the applicant's DD Form 214, dated 26 November 1969, and it would be appropriate to add these service stars to his DD Form 214.

2.  General orders authorized the applicant's unit award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  He is therefore entitled to have his records corrected to show these unit awards.

3.  The applicant is entitled to correction to his social security number on his DD Form 214, dated 26 November 1969.  The eighth digit was erroneously entered as "2."  The evidence of record and documentation submitted with the application show the eighth digit of the social security number should be an "8."  Therefore, it is concluded that the eighth digit of the social security number shown on his DD Form 214 should be corrected to show an "8."

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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:

	a.  by amending his DD Form 214 for the period ending 26 November 1969 to show he is authorized four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to add the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	b.  by showing on the DD Form 214, dated 26 November 1969, the eighth digits of the social security number as an "8"; and

	c.  by providing him a corrected separation document that includes these corrections.



      ____________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)                                         AR20090006494



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006494



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1