BOARD DATE:	  	February 17, 2010 

		DOCKET NUMBER:  AR20090013689 


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 social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show ***-**-0843 instead of ***-**-0845.  He requests award of the Army Good Conduct Medal.  He also requests that the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and a Marksman Marksmanship Qualification Badge be added to his DD Form 214.

2.  The applicant states the SSN on his DD Form 214 is incorrect.  He states that he served 6 months in the Republic of Vietnam.

3.  The applicant provides, in support of his application, copies of his DD Form 214, a letter from his former commander, and a letter from the Social Security Administration.

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 show he was inducted into the Army of the United States on 2 December 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 52B (Power Plant Operator/Mechanic).

3.  Headquarters, Fort Polk, Fort Polk, LA, Special Orders Number 017, dated 
17 January 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  On 25 April 1966, the applicant was assigned to the 505th Signal Company at Fort Lewis, WA.

5.  Headquarters, 11th Signal Group (Strategic Command) Letter Orders Number 8-14, dated 22 August 1966, ordered the applicant, among others, to temporary duty to U.S. Army Vietnam (USARV) for a period of approximately 180 days to report on or about 23 August 1966.  The record shows he reported on 25 August 1966.  The applicant returned Fort Lewis, WA on or about 2 February 1967.

6.  On 1 December 1967, the applicant was released from active duty.  He had completed 2 years of active service that was characterized as honorable.  Item 3 (Social Security Number) of his DD Form 214 shows his SSN as ***-**-0845. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he is authorized the National Defense Service Medal.

7.  U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO Letter Orders Number 11-1293381, dated 24 November 1971, Subject: Discharge from USAR (U.S. Army Reserve) identify the applicant with the SSN ***-**-0843.

8.  The applicant's service records contain a DA Form 41 (Record of 
Emergency Data).  Item 7 (Social Security Number) of this form shows his SSN as ***-**-0843.

9.  The applicant's service records contain a DA Form 348 (Equipment Operator's Qualification Record).  The block containing his name and service number on this form also contains the entry "***-**-0843."


10.  The applicant's service records contain a DD Form 398 (Statement 
of Personal History).  This form is completed by him and in section 12 (Employment), the item entitled Social Security No., he entered his SSN 
as ***-**-0843.

11.  A letter to the applicant, dated 31 July 2009, from the Social Security Administration concerning his Social Security checks shows his claim number as ***-**-0843.

12.  A letter of recommendation, dated 29 November 1967, from the applicant's former commander mentions that the applicant had worked for him in the Republic of Vietnam.

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

14.  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 Headquarters, USARV and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 20 July 1965 through 28 March 1973, based on Department of the Army General Order Number 8, dated 1974.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 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.  

16.  Army Regulation 600-8-22 (Military Awards) 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 1 or more days with an organization participating in or directly supporting military operations.

17.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967).

18.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

19.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  This regulation further provides that individuals who served less than 
6 months and were wounded by hostile forces are entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSN on his DD Form 214 should be ***-**-0843 instead of ***-**0845.  

2.  During the applicant's period of service, Soldiers were identified by a military service number and not their SSN.  Throughout his military service records he is identified only by his military service number.  However, there are four official documents, a DA Form 41, a DA Form 348, a DD Form 398, and his orders for discharge from the USAR, in his service records that contain entries for his SSN. These documents show his SSN as ***-**-0843.  The letter from the Social Security Administration shows his SSN as ***-**-0843.  Therefore, based on the preponderance of evidence it appears the SSN on his DD Form 214 is incorrect and that his correct SSN is ***-**-0843.  Therefore, it would be appropriate to correct item 3 of his DD Form 214 to read ***-**-0843 instead of ***-**-0845.

3.  The applicant contends he should have been awarded the Army Good Conduct Medal.  He also contends that he served in the Republic of Vietnam and he should be authorized the Vietnam Service Medal and the Republic of Vietnam 

Campaign Medal with Device (1960).  He also contends he was awarded a Marksman Marksmanship Qualification Badge that was not included on his 
DD Form 214.

4.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 2 December 1965 to 1 December 1967 ending with termination of a period of Federal military service.

5.  Orders in the applicant's service records show he was awarded the Marksman Marksmanship Medal with Rifle Bar.  Therefore, this award should be included on his DD Form 214.

6.  The applicant was on temporary duty with USARV for 5 months and 8 days and he participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is authorized the Vietnam Service Medal with one bronze service star.  

7.  The applicant was assigned in the Republic of Vietnam for a period of less than 6 months.  Therefore, he is not authorized the Republic of Vietnam Campaign Medal with Device (1960).

8.  The applicant was assigned to USARV during the period they were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it is appropriate to add this award to his DD Form 214.

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.  awarding him the Army Good Conduct Medal for the period of service from 
2 December 1965 to 1 December 1967; 

	b.  correcting item 3 of his DD Form 214 to read ***-**-0843 instead of ***-**-0845; and

	c.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

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 Republic of Vietnam Campaign Medal with Device (1960).  




      _______ _   __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)                                         AR20090013689





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ABCMR Record of Proceedings (cont)                                         AR20090013689



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