IN THE CASE OF:	  

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090012433 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 July 1969, to show his Social Security Number (SSN) as “xxx-xx-0xxx” instead of 
"xxx-xx-6xxx.”  He also requests award of all combat ribbons.

2.  The applicant states, in effect, that the sixth digit of his SSN is the number 0 not the number 6 as shown on his DD Form 214 and that his record should be corrected to show all combat ribbons.

3.  The applicant provides a copy of his SSN card, dated 23 April 2007; a copy of his DD Form 214, dated 7 July 1969; and a copy of his Pennsylvania Commercial Driver's License issued on 29 January 2009 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 in the Regular the Army (RA) on 8 July 1969 for a
3-year period of service.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 31J (Teletype Center Repairman).  The applicant's DD Form 4 (Enlistment Record-Armed Forces of the United States) does not show his SSN.  The applicant's Service Number is the only identifiable number on his DD Form 4.

3.  On 16 August 1966, a National Agency Check was completed and a DA Form 3027 (U.S. Army Request for National Agency Check) was prepared and authenticated by appropriate government officials which shows in item 4 (Social Security Number) the applicant's SSN as "xxx-xx-0xxx."

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) that was created upon the applicant's entrance into the Army shows his SSN as "xxx-xx-6xxx."  This DA Form 20 was reviewed on 21 June 1967 and the applicant authenticated this form by placing his signature in Item 47 (Signature of Individual).

5.  The applicant's DA Form 20 also shows he served in the Republic of Vietnam from 6 April 1967 to 5 April 1968.  He was assigned to Company D, 44th Signal Battalion.

6.  The applicant's military personnel records show an SSN of "xxx-xx-0xxx" was used consistently in the publication of military orders and related documents.

7.  The applicant was honorably released from active duty on 7 July 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he served on active duty for 3 years.  The highest rank/grade he attained during this period was specialist four (SP4)/E-4.

8.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows the entry "xxx-xx-6xxx."

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.


10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  His military personnel records do not show any lost time, record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of 
Military Justice (UCMJ), or any record of conviction by court-martial.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal.

11.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the Army Good Conduct Medal.

12.  The applicant's official military personnel record contains Special Orders Number 242 issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 30 August 1966, announcing award of the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.

13.  On 7 July 1972, the applicant was honorably discharged from the USAR Control Group.  The letter order he received from the USAR shows his SSN as "xxx-xx-0xxx."

14.  A search of the applicant's official military personnel record shows no award orders were published for the Army Good Conduct Medal.

15.  The applicant submitted as evidence his SSN Card, dated 23 April 2007, that shows the applicant's SSN as "xxx-xx-0xxx."

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that Department of the Army General Order (DAGO) Number 37, dated 1970, awarded the 44th Signal Battalion the Meritorious Unit Commendation during his assignment to the unit.  In addition, DAGO Number 8, dated 1974, awarded the U.S. Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for one or more days to a unit participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam, he participated in four campaigns:  the 
Vietnamese Counteroffensive Phase II (1 July 1966 to 31 May 1967), Vietnamese Counteroffensive Phase III (1 June 1967 to 29 January 1968), Tet Counteroffensive (30 January to 1 April 1968), and the Vietnamese Counteroffensive Phase IV (2 April to 30 June 1968).  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

18.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contains multiple orders and official documents to include a National Agency Check request completed in August 1966 that shows his SSN as "xxx-xx-0xxx."  In support of his application, he also submitted his SSN card from the Social Security Administration verifying his SSN as “xxx-xx-0xxx.”

2.  As a result, there is sufficient and verifiable evidence that the applicant's SSN was incorrectly typed on his DD Form 214.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to properly reflect his SSN as "xxx-xx-0xxx."

3.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is also no evidence showing a commander's disqualification for the Army Good Conduct Medal.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 8 July 1966 to 7 July 1969, ending with termination of his first period of qualifying Federal military service.

4.  The applicant was already awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation during a qualifying period when the applicant was assigned to the 44th Signal Battalion.  Therefore, the applicant is entitled to have his record corrected to show these unit awards.
6.  Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this badge.

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 3 of his DD Form 214 the entry "xxx-xx-6xxx" and replacing it with the entry "xxx-xx-0xxx";

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal;

	c.  awarding him the Army Good Conduct Medal (1st award) for his period of service from 8 July 1966 to 7 July 1969; and

	d.  adding to Item 24 of his DD Form 214 the Army Good Conduct Medal (1st award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation; Meritorious Unit Commendation, and the Expert Marksmanship Qualification Badge with Rifle Bar.



      _______ _   _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)                                         AR20090012433



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ABCMR Record of Proceedings (cont)                                         AR20090012433



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