IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090012311 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of the Bronze Star Medals (BSM's) and Army Commendation Medals (ARCOM's) he is authorized. 

2.  The applicant states, in effect, that his DD Form 214 does not show all of the BSM's and ARCOM's that he is authorized.  He claims this could be the result of an incorrect number (0), which should be "2," being listed in the 9th digit of the social security number (SSN) listed on the award documents. 

3.  The applicant provides a self-authored statement, partially legible BSM and ARCOM certificates, and a service request number 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's Military Personnel Records Jacket (MPRJ) contains a DD Form 47 (Record of Induction) prepared during his induction processing.  This document lists his SSN using the number "2" as the 9th digit.  The DA Form 20 (Enlisted Qualification Record) that was prepared upon his entry on active duty and almost all of the other documents prepared subsequent to his induction also show his SSN with the number "2" as the 9th digit.  

3.  The applicant's record shows he was inducted and entered active duty on 
18 September 1968.  He completed basic combat training and advanced individual training at Fort Jackson, South Carolina.  Upon completion of his training, he was awarded military occupational specialty 05B (Radio Operator).

4.  The applicant’s DA Form 20 confirms he served in the Republic of Vietnam (RVN) from 6 April 1969 to 17 April 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 28th Infantry Regiment from 
15 April to 30 October 1969 and to HHC, 1st Brigade, 1st Infantry Division from 31 October 1969 to 16 April 1970.  Item 41 (Award and Decorations) only lists one BSM and ARCOM award.  

5.  The applicant’s Official Military Personnel File contains the following five Headquarters, 1st Infantry Division General Orders (GO) which awarded the applicant the awards indicated for the periods listed:  GO 11756, dated 2 October 1969, awarding the ARCOM for the period 20 May-22 July 1969; GO 17644, dated 24 December 1969, awarding the ARCOM with 1st Oak Leaf Cluster for the period 1 October-30 November 1969; GO 3499, dated 5 March 1970, awarding the ARCOM with 2nd Oak Leaf Cluster (3rd Award) for the period 
1 January-5 March 1970; and GO 3569, dated 7 March 1970, awarding the BSM for the period April 1969-April 1970.  These orders all show a “0” as the 9th digit of his SSN.

6.  The applicant's record is void of any additional BSM award orders or of any other documents indicating the applicant was ever recommended for a second or subsequent award of the BSM.  

7.  On 20 April 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 7 months, and 3 days of creditable active military service.  Item 3 (Social Security Number) of the applicant's 
DD Form 214 lists the number "2" as the 9th digit of his SSN.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), Army Good Conduct Medal (AGCM), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16), and 2 Overseas Service Bars.

8.  The applicant provides copies of an ARCOM (for the period 1 October 1960 to 30 November 1969) and BSM certificate (for the period April 1969 to April 1970). Both of these certificates show the applicant’s SSN with the number “0” as the 9th digit. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.

10.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM and states, in pertinent part, that it may be awarded for heroism, meritorious service or meritorious achievement.  

11.  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 the applicant's tenure of assignment in the RVN, his units received the RVN Gallantry Cross with Palm Unit Citation (RVNGC) and the RVN Civil Actions Honor Medal with First Class Unit Citation (RVNCAHM).

12.  Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected by showing three awards of the ARCOM in item 24 was carefully considered and found to have merit.  The applicant's record contains GOs that confirm the applicant is authorized the ARCOM with 2nd Oak Leaf Cluster.  Therefore, it would be appropriate to correct item 24 of his DD Form 214 to document these awards. 

2.  The evidence of record also shows that based on his RVN service and campaign participation, the applicant is eligible for the RVNGC with Palm Unit Citation, RVNCAHM with First Class Unit Citation, and 3 bronze service stars to be worn with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.  

3.  The applicant's record also shows he earned the BSM for meritorious service in the RVN during the period April 1969 through April 1970 (the same period as listed on the BSM certificate he provide).  However, there are no orders or other documents that indicate he was ever recommended for or authorized a second or subsequent award of the BSM.  Therefore, it would be appropriate to add only one award of the BSM to his record and DD Form 214.  

4.  While there is insufficient documentation and evidence to correct the applicant's record and DD Form 214 by adding a second or subsequent award of the BSM, this in no way affects the applicant’s right to pursue his claim for this award by submitting a request with an award recommendation and supporting evidence through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
5.  The applicant's record properly shows the 9th digit of his SSN is "2," as is listed on his induction record, DA Form 20 and DD Form 214.  As a result, it would be appropriate to correct the ARCOM and BSM award orders on file and his certificates in his record to reflect the correct SSN.

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.  adding the Bronze Star Medal, Army Commendation Medal with 2nd Oak Leaf Cluster (3rd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and adding 3 bronze service stars to his already-awarded Vietnam Service Medal to his DD Form 214; and 

   b.  issuing him a correction to his DD Form 214 that reflects the above awards; and

   c.  correcting the Army Commendation Medal and Bronze Star Medal orders in his record and the corresponding certificates to reflect his correct Social Security Number showing the number "2" as the 9th digit of his SSN.   


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 a second or subsequent award of the BSM.




      _______ _   _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)                                         AR20090012311



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ABCMR Record of Proceedings (cont)                                         AR20090012311



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