IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100000816


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 his Social Security Account Number (SSAN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states due to a typographical error, the fifth digit of his SSAN incorrectly shows as a "4" when it should be a "2."

3.  The applicant provides a copy of his DD Form 214 and two DD Forms 215 (Correction to DD Form 214).

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 was inducted into the Army of the United States (AUS) for 2 years on 6 October 1966 and was trained in and awarded military occupational specialty (MOS) 64B (Heavy Truck Driver).  His record of assignments as recorded on his DA Form 20 (Enlisted Qualification Record) shows:

Effective Date
Duty MOS
Principal Duty
Organization & Station
6 Oct 1966
None
Induction
Co A, US Army Reception Station, Ft. Jackson, SC
17 Oct 1966
09BOO
Basic Combat Training
Co B, 1st Bn, 52nd Inf, 1st Armored Div, Ft. Hood, TX
16 Dec 1966
64A1T
Advanced Individual Training
Co B, 501st S&T Bn, 1st Armored Div, Ft. Hood, TX
6 Mar 1967
64B2O
Heavy Truck Driver
HHC, 2nd Bn, 46th Inf, 1st Armored Div, Ft. Hood, TX
12 Jul 1967

Casual
En route to USARPAC (Vietnam)
22 Aug 1967
64A1O
Light Truck Driver
566th Transportation Co, USARPAC
15 May 1968

Patient
US Naval Hospital, Philadelphia, PA
7 Jul 1968

Casual
En route to Valley Forge General Hospital, Phoenixville, PA
9 Jul 1968

Patient
Med Hold Co, Valley Forge General Hospital, Phoenixville, PA
15 Aug 1968

Separation
Valley Forge General Hospital, Phoenixville, PA
3.  The applicant served on active duty during a period when Service Numbers were being phased out in favor of SSANs.  When he entered on active duty, he did so with a Service Number which was assigned at his induction station; no SSAN was required or used to identify the applicant.  Later, he was required to provide his SSAN to unit personnel staff and the SSAN was recorded on various documents and orders contained in his DA Form 201 (Military Personnel Records Jacket (MPRJ)).  His records consistently reflect the fifth digit of his SSAN as a "2."

4.  The applicant's records contain documents which show:

* service in the AUS from 6 October 1966 to 15 August 1968, a total of 1 year, 10 months, and 10 days
* service in Vietnam from on or about 12 July 1967 to on or about 28 May 1968, a total of 10 months and 16 days
* wounding on 15 May 1968
* award of the following medals:

   (1)  Purple Heart
   (2)  Good Conduct Medal
   (3)  National Defense Service Medal
   (4)  Vietnam Service Medal with 4 bronze service stars [should be only 3]
   (5)  Republic of Vietnam Campaign Medal with Device (1960)
   (6)  Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



5.  He was promoted to specialist five (SP5)/E-5 by Special Orders Number 141, Headquarters, US Army Support Command, Cam Ranh Bay, dated 9 May 1968, with a date of rank of 9 May 1968.

6.  The applicant's DD Form 214 that was prepared on temporary records and on his affidavit was woefully incomplete and incorrect.  On 21 April 1970, he was issued a 2-page DD Form 215 with more than a dozen corrections, some of which were, themselves, incorrect.

7.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  During the applicant's service in Vietnam, there were three named campaigns – Counteroffensive, Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January 1968-1 April 1968), and Counteroffensive, Phase IV (2 Apri1 1968-30 June 1968).

8.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to          28 March 1973.

9.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Once a DD Form 214 has been issued, it is normally not reissued except when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that Item 3 on his DD Form 214 be corrected to show the number "2" as the fifth digit of his SSAN.  All documents contained in the applicant's DA Form 201 file shows the number "2" as the fifth digit of his SSAN.  This correction should be made.

2.  There are other corrections required on the applicant's DD Form 214.  They are:

* Item 5a (Grade, Rate or Rank) - should be SP5 [DD Form 215 changed it to "PFC E3"]
* Item 5b (Pay Grade) - should be E-5 [DD Form 215 is incorrect]
* Item 6 (Date of Rank) - should be 9 May 1968
* Item 12 (Last Duty Assignment and Major Command) - should be "566 Trans Co, USARV"
* Item 22c (Foreign and/or Sea Service) - should be "USARV  0 years, 10 months, and 16 days"
* Item 24 (Decorations, Medals, Badges, Commendations Citations and Campaign Ribbons Awarded or Authorized) should show:  the Republic of 
   Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service 
   Medal with 3 bronze service stars

3.  Because his DD Form 214 was completed from temporary records and the applicant's affidavit, it was replete with errors.  The 2-page DD Form 215 issued on 21 April 1970 corrected some errors while creating other errors.  In order to provide the applicant with a single-source, correct document, he should, as an exception to policy, be issued a new DD Form 214 to show his good and faithful service to our nation.

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 voiding his DD Form 214 and DD Form 215 and issuing him a new DD Form 214 with the following corrections:

* Item 3, change the fifth digit to a "2"
* Item 6, insert "09 May 68"
* Item 10a, insert "36 48 42 613"
* Item 10b, insert "Local Board #48, Clearfield PA  16830"
* Item 10c, change to "06 Oct 66"
* Item 12, insert "566 Trans Co, USARV"
* Item 22a(1), change to "1 year, 10 months, 10 days"
* Item 22a(2), insert "0 years, 0 months, 0 days"
* Item 22a(3), insert "1 year, 10 months, 10 days"
* Item 22b, insert "1 year, 10 months, 10 days"
* Item 22c, insert " USARV  0 years, 10 months, 16 days"
* Item 24, add:

o Purple Heart
o Good Conduct Medal
o National Defense Service Medal
o Vietnam Service Medal with 3 bronze service stars
o Republic of Vietnam Campaign Medal with Device (1960)
o Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
o Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _   _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)                                         AR20100000816



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ABCMR Record of Proceedings (cont)                                         AR20100000816



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