IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009012 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued on 10 June 1966 to show his correct social security number (SSN).  He also requests correction of his two DD Forms 214 to show the Presidential Unit Citation and Korea Defense Service Medal.

2.  The applicant states he discovered his SSN is incorrect on his final DD Form 214 while at the Social Security Office.  He adds that he just recently learned the two awards he requests can be added to his DD Form 214.

3.  The applicant provides copies of two DD Forms 214, two pages from the Saber News (Fall 1967), and a Presidential Unit Citation (Army) information sheet 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 enlisted and entered active duty in the Regular Army (RA) for a period of 3 years on 27 May 1960.

3.  The applicant's DA Form 24 (Service Record) covering the period 27 May 1960 to 27 May 1963 shows:

	a.  Section 4 (Chronological Record of Military Service) that he was assigned to the 547th Engineer Company (Float Bridge) from 1 December 1960 to 7 February 1962 and

   b.  Section 5 (Service Outside Continental United States) that he departed the United States on 9 November 1960 and arrived in Korea on 28 November 1960.  This item also shows he departed Korea on 10 February 1962 and arrived in the United States on 5 March 1962.

4.  The applicant's DD Form 214 that documents his initial period of active duty service shows he entered active duty on 27 May 1960 and he was honorably released from active duty on 27 May 1963 based on expiration of term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).

	a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entry "NA."

   b.  Item 32 (Remarks), in pertinent part, contains the entry "SSAN  269 ## ####."

5.  The applicant enlisted and reentered active duty in the RA for a period of 3 years on 9 July 1963.

6.  A DD Form 398 (Statement of Personal History), dated 26 March 1964, shows in item 13 (Employment), Social Security Number, that the applicant entered "269-##-####."

7.  The applicant's DA Form 20 (Enlisted Qualification Record) covering the period 9 July 1963 to 10 June 1966 shows:

	a.  item 31 (Foreign Service) that he served overseas in the Republic of Vietnam (RVN) from 19 August 1965 through 9 June 1966;

	b.  item 38 (Record of Assignments) that he was assigned to Aviation Company, 6th Special Forces Group, 1st Special Forces, 1st Cavalry Division (Airmobile), from 16 September 1965 through 6 June 1966;

	c.  item 39 (Campaigns) is blank; and

	d.  item 41 (Awards and Decorations) that he was authorized the Vietnam Service Medal, one overseas service bar, National Defense Service Medal, 1st Class Gunner Marksmanship Qualification Badge with Grenade Bar (M-79), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  The applicant's DD Form 214 that documents his final period of active duty service shows he entered active duty on 9 July 1963 and he was honorably discharged on 10 June 1966 based on early separation of overseas returnee.

	a.  Item 26 shows he was awarded the Vietnam Service Medal, one overseas service bar, National Defense Service Medal, 1st Class Gunner Marksmanship Qualification Badge with Grenade Bar (M-79), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  Item 32, in pertinent part, contains the entry "SSAN - 769 ## ####."

9.  The applicant provides copies of a newspaper article titled, Cav Gets Presidential Citation that states President Lyndon B. Johnson personally presented the 1st Cavalry Division (Airmobile) with the Presidential Unit Citation for extraordinary heroism for its actions in the Ia Drang Valley, RVN, during the period 23 October 1965 to 26 November 1965.  He also provides a copy of the Presidential Unit Citation (Army) award criteria.

10.  Headquarters, Department of the Army, General Orders Number 40, dated 21 September 1967, shows the 1st Cavalry Division (Airmobile) and attached units were awarded the Presidential Unit Citation (Army) for extraordinary heroism in action in the RVN during the period 23 October 1965 to 26 November 1965.  A review of the general order revealed that the applicant's unit of assignment at that time (i.e., Aviation Company, 6th Special Forces Group, 1st Special Forces) is not listed as having been cited for this unit award.  It is noted that the narrative citation contains the sentence, "Following the attack on a Special Forces camp at Plei Me in Pleiku Province on 19 October 1965 by regular units of the Army of North Vietnam, the 1st Cavalry Division (Airmobile) was committed to action."

11.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.
12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  This regulation provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  This regulation also provides for award of the Korea Defense Service Medal.  The specific award criteria provides that service members of the Armed Forces must have served in support of the defense of the Republic of Korea (ROK) from 28 July 1954 through a future date to be determined by the Secretary of Defense; the area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles and all air spaces above the land and water areas; and that service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

	c..  Appendix B of this regulation lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Defense Campaign and Vietnam Counteroffensive.  This regulation also provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to Aviation Company, 6th Special Forces Group, 1st Special Forces, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8, dated 1974.  This document does not show award of the Presidential Unit Citation (Army) to this unit at the time of the applicant’s assignment.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Award of the Presidential Unit Citation to Army units is announced in Headquarters, Department of the Army, general orders.
15.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance on the preparation of the DD Form 214.  It stated, in pertinent part, all available records would be used as a basis for the preparation of the DD Form 214, including the Service Record, Enlisted/Officer Qualification Record, and orders.  The instructions for:

	a.  item 26 stated to enter from item 21, DA Form 66 (Officer Qualification Record); section 9, DA Form 24; or item 41, DA Form 20, all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein; and

	b.  item 32 stated the social security account number (SSAN) was transcribed from the DA Form 24 in the following manner:  "SSN 000-00-0000."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 issued on 10 June 1966 should be corrected to show his SSN as "269 ## ####."  He also contends that his two DD Forms 214 should be corrected to show the Presidential Unit Citation and Korea Defense Service Medal.

2.  Records show the applicant enlisted in the RA on 26 May 1960 and his SSN was accurately recorded in his military service records as "269-##-####."  In addition, the applicant's DD Form 214 with an effective date of 27 May 1963 accurately shows his SSN.

3.  The applicant's DD Form 214 issued on 10 June 1966 shows the entry "SSAN - 769 ## ####."  Thus, the evidence of record clearly shows the SSN that was entered on this DD Form 214 is in error.  Therefore, it would be appropriate to correct the SSN on the applicant's 1966 DD Form 214 to show the SSN "269 ## ####."

4.  The applicant qualified for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his 1963 DD Form 214 to show this service medal.

5.  Records show the applicant served a qualifying period of service in the ROK for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his two DD Forms 214 to show this service medal.

6.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his 1966 DD Form 214 to show award of Vietnam Service Medal with two bronze service stars.

7.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his 1966 DD Form 214 to show this foreign unit award.

8.  General orders show the 1st Cavalry Division (Airmobile) and attached units were awarded the Presidential Unit Citation (Army) for actions during the period 23 October 1965 to 26 November 1965 following an attack on a Special Forces camp.  However, the general orders do not list the applicant's unit as having been cited for this unit award.  Thus, records fail to support the applicant's claim that his unit was awarded the Presidential Unit Citation (Army).  Therefore, the applicant is not entitled to correction of his records in this instance.

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.  deleting from item 26 of his DD Form 214 for the period ending 27 May 1963 the entry "NA" and adding the National Defense Service Medal and Korea Defense Service Medal;

	b.  deleting from item 26 of his DD Form 214 for the period ending 10 June 1966 the Vietnam Service Medal and adding the Vietnam Service Medal with two bronze service stars, Korea Defense Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  deleting from item 32 of his DD Form 214 for the period ending 10 June 1966 the entry "SSAN - 769 ## ####" and adding the entry 
"SSAN  269-##-####."

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 the Presidential Unit Citation (Army).



      ___________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)                                         AR20090009012



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ABCMR Record of Proceedings (cont)                                         AR20090009012



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