IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090012431
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 his correct social security number (SSN) be shown on all of his military records, awards and citations.
2. The applicant states his SSN is incorrect on his Bronze Star Medal (BSM) for Valor citation, Army Commendation Medal (ARCOM) citation and orders, and Army Immunization Record. The applicant adds that the BSM for Valor citation write up describes actions of a fellow Soldier and not him, and the date of the action is incorrect as he was cited for valorous actions in September 1969, not May 1969.
3. The applicant provides the documents which he believes are in error which have a totally different SSN than that of the individual whose records are being reviewed and his current Department of Defense/Uniform Services Identification Card.
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 applicants 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 applicants 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 was inducted into the Army of the United States on 13 June 1968. He was awarded the military occupational specialty of light weapons infantryman, served in Vietnam from 10 November 1968 to 9 November 1969, was promoted to pay grade E-5, and honorably released from active duty on 18 June 1970. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he was awarded the BSM for Valor as does his DA Form 20 (Enlisted Qualification Record).
3. The applicant's military records contain copies of the BSM for Valor and the general orders that he provided. However, his records do not contain the BSM for Valor certificate, the International Certificates of Vaccination, or the ARCOM orders and certificate provided by the applicant.
4. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the ARCOM and the BSM for Valor. Both of the SSNs and the applicants service number were used in this search.
DISCUSSION AND CONCLUSIONS:
1. It was the applicant's responsibility to notify the appropriate authorities of the errors on his awards when he received the orders, certificates, and documents which purportedly have the wrong SSN.
2. The applicant's records do not contain the International Certificates of Vaccination, the BSM for Valor certificate, or the ARCOM orders and certificate provided by the applicant.
3. The applicant states that the award citation for his BSM for Valor is for the actions taken by another Soldier. As such, it would not be appropriate to change the SSN on those orders.
4. Since the ARCOM orders and certificate have a different SSN than the applicant's SSN and those orders are not contained in his records, there is insufficient evidence in which to change the SSN in these documents.
5. The International Certificates of Vaccination is not contained in the applicant's records and there is no method to correct that document at this late date.
6. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20090012431
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ABCMR Record of Proceedings (cont) AR20090012431
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