BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100006955 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the last digit of his social security number (SSN) as "0" instead of "8" and that he was awarded the Air Medal with 23 oak leaf clusters (OLC's), the Army Commendation Medal (ARCOM), the Presidential Unit Citation (PUC), and the Meritorious Unit Commendation (MUC).

2.  The applicant states that his DD Form 214 incorrectly reflects the digit "8" as the last digit of his SSN instead of "0" and his awards of the Air Medal with 23 OLC's, which he received after his separation, the ARCOM, the PUC, and the MUC were omitted when it was prepared.

3.  The applicant provides copies of:

* his social security card showing that his SSN ends with the digit "0"
* a statement from the Social Security Administration reflecting that his only SSN ends in "0"
* his DD Form 214
* an Air Medal Certificate

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 born on 10 August 1943 and enlisted in the Regular Army (RA) in Houston, Texas, for a period of 4 years and assignment to the Army Security Agency.

3.  He completed his basic training at Fort Leonard Wood, Missouri, and his advanced individual training as a special identification technician at Fort Devens, Massachusetts, before being transferred to Korea on 15 June 1965.  He was promoted to pay grade E-5 on 16 June 1966.

4.  He departed Korea on 29 June 1966 for assignment to Vietnam.  He arrived in Vietnam on 21 September 1966 and was initially assigned to the 156th Aviation Company (Radio Research), 224th Aviation Battalion.

5.  On 6 August 1967, he was transferred to the 371st Radio Research Company, 1st Cavalry Division, where he remained until he departed Vietnam on 29 April 1968 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an early overseas returnee.  He served 3 years, 10 months, and 14 days of total active service.  His DD Form 214 issued at the time of his REFRAD reflects that his SSN ended in the digit "8" and that he was awarded the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Aircraft Crewman Badge
* Air Medal with 3rd OLC
* Army Good Conduct Medal
* Vietnam Service Medal (VSM)

6.  A review of his records shows that at the time the applicant enlisted in the RA he was issued an RA service number because SSN's were not being used at that time.  However, documents contained in his records, to include his separation orders, reflect that his SSN ended in "0."

7.  A further review of his records revealed orders that awarded him the Air Medal with 12 OLC's on 28 June 1968, which was 2 months after his REFRAD.  However, there is no evidence in the available records to show he was awarded the ARCOM or any Air Medals in addition to the Air Medal with 12 OLC's.  Additionally, there is no evidence that any of his units were awarded the PUC.

8.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) indicates the applicant's unit was subsequently awarded the MUC and the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation during the period he was assigned to the unit.  Additionally, he participated in four campaigns while assigned to Vietnam and thus is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect the digit "0" as the last digit in his SSN has been noted and found to have merit.  The applicant's records clearly show he served under the SSN that contained the digit "0" as the last digit; therefore, it is reasonable to presume that an administrative error resulted in the change to his SSN as shown on his DD Form 214.  Accordingly, it should be changed at this time to reflect "0" as the last digit.

2.  The applicant contends that he was awarded the Air Medal with 23 OLC's after his REFRAD; however, he has not provided documentation (orders) to substantiate his contention and his records contain orders issued after his REFRAD showing that he was awarded the Air Medal with 12 OLC's.  Accordingly, his records should be corrected to show the Air Medal with 12 OLC's instead of the Air Medal with 3 OLC's as currently reflected.



3.  The evidence of record also confirms the applicant is entitled to awards of the MUC, the RVNGC with Palm Unit Citation, and four bronze service stars to be worn on his already-issued VSM.

4.  The applicant served in Korea from June 1965 to July 1966 and is therefore entitled to the KDSM.

5.  The applicant's contention that the ARCOM and the PUC should be added to his DD Form 214 has been noted; however, he has failed to show through the evidence submitted with his application and the evidence of record that he is entitled to those awards.  Therefore, in absence of such absence there appears to be no basis to grant that relief at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* amending his DD Form 214 to show the last digit of his SSN as "0" instead of "8"
* deleting the Air Medal (1st-3rd OLC) entry and adding the Air Medal (1st-12th OLC)
* adding the KDSM, the MUC, the RVNGC with Palm Unit Citation, and four bronze service stars for wear on his already-awarded VSM

2.  The Board further determined 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 award of the Air Medal with 23 OLC's, the ARCOM, and the PUC.



      ___________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)                                         AR20100006955



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)