IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090010148 


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 the award of the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster (1OLC), and the Combat Medical Badge (CMB) be added to his 18 March 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  Additionally, he requests that his social security number on the orders for the award of the BSM, ARCOM, and the CMB be corrected.  

2.  The applicant states that he received these awards during his tour in Vietnam. He maintains that he received the award of the ARCOM (1OLC) on 30 June 1969, but he is unaware of the first ARCOM.  Additionally, he states that his social security number listed on the orders for the award of the BSM, ARCOM, and the CMB is incorrectly listed as 218-XX-XXXX vice 217-XX-XXXX.  

3.  The applicant provides a copy of his DD Form 214 and copies of orders for the award of the BSM, ARCOM, and the CMB. 

 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 on 19 March 1968.  His social security number was listed as 217-XX-XXXX.  He served in Vietnam from 5 September 1968 to 20 July 1969 and was assigned to Headquarters, 2nd Battalion, 47th Infantry, 9th Infantry Division.  The applicant was honorably released from active duty on 18 March 1970.

3.  Documents contained in the applicant's record show his social security number as 217-XX-XXX.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  National Defense Service Medal, “Combat Medical Course,” Vietnam Service Medal with 2 Bronze Service Stars, and Vietnam Campaign Medal with 1960 Device.  

5.  Special Orders Number 7, dated 7 January 1969, show that the applicant was awarded the CMB.  Additionally, this order shows his social security number as 218-XX-XXXX.  However, his DD Form 214 incorrectly shows that he was awarded the “Combat Medical Course” vice the badge.

6.  General Orders Number 8012, dated 30 June 1969, show that the applicant was awarded the ARCOM (1OLC) for service for the period July 1968 to June 1969.  Additionally, this order shows his social security number as 218-XX-XXXX.  There are no orders in his available records to show that he was awarded the ARCOM.

7.  General Orders Number 10251, dated 14 July 1969, show that the applicant was awarded the BSM for achievement for the period March 1969 to July 1969.  Additionally, this order shows his social security number as 218-XX-XXXX.

8.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973 was reviewed; however, this review failed to show any orders were published authorizing award of the ARCOM to the applicant.


9.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

10.  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 document shows that during a period of time the applicant was assigned to the 2nd Battalion, 47th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 13, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1. Orders Numbers 10251, 7, and 8021 show the applicant's social security number as 218-XX-XXXX instead of 217-XX-XXX.  Documents contained in the applicant's record verify that his social security number is 217-XX-XXXX.  Therefore, these orders should be corrected to show the applicant's correct social security number.

2.  General Orders Number 10251 awarded the applicant the BSM.  Therefore, his records should be corrected to show this award.

3.  General Orders Number 8012 awarded the applicant the ARCOM (1OLC).  However, there is no indication that he was awarded the first ARCOM.  Nevertheless, in the interest of equity and based on the order for the award of the ARCOM (1OLC) the presumption of regularity is assumed.  Therefore, his records should be corrected to show this award.

4.  Special Orders Number 7 awarded the applicant the CMB.  However, item 24 of the applicant's DD Form 214 incorrectly shows that he was awarded the “Combat Medical Course” instead of the CMB.  Therefore, his records should be corrected to show this award.

5.  Evidence of record shows the applicant is entitled to wear 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 unit awards.


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 24 of the applicant's 18 March 1970 DD Form 214 the “Combat Medical Course”;

   b.  adding to item 24 of the applicant's 18 March 1970 DD Form 214 the Bronze Star Medal, Army Commendation Medal (1st Oak Leaf Cluster), Combat Medical Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and
   
	c.  correcting Special Orders Number 7, dated 7 January 1969; General Orders Number 8012, dated 30 June 1969; and General Orders Number 10251, dated 14 July 1969, to show the applicant's social security number as 217-XX-XXXX.




      _______ _   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)                                         AR20090010148





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ABCMR Record of Proceedings (cont)                                         AR20090010148



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