IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100010152 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

* Show his correct social security number (SSN)
* Show his correct rank/grade
* Show his service in Vietnam (this is presumed to include his awards for this period of service)

2.  The applicant also requests his medical records be sent to the Department of Veterans Affairs (VA) in Atlanta, GA. 

3.  The applicant states his SSN and grade are incorrect and his service in Vietnam is not listed on his DD Form 214.

4.  The applicant did not provide any documentary evidence.

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.  Prior to his enlistment in the Regular Army (RA), on 12 January 1966, the applicant completed a DD Form 398 (Statement of Personal History) and he listed his SSN as "1xx-3x-1xx6" and he authenticated this form by placing his signature in the appropriate block. 

3.  His records show he enlisted in the RA for a period of 3 years on 13 January 1967.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) did not list his SSN; it listed his Service Number.  

4.  On 13 January 1967, he completed a DA Form 41 (Record of Emergency Data).  He listed his SSN as "1xx-3x-1xx6" and authenticated this form by placing his signature in the appropriate block.

5.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entrance into the Army shows his SSN as "1xx-3x-1xx6."  He authenticated this form on 18 January 1967 by placing his signature in the appropriate block.

6.  He completed basic combat and advanced individual training and was awarded military occupational specialty 51B (Carpenter).  He was assigned to Company C, 307th Engineer Battalion, Fort Bragg, NC.

7.  On 15 September 1967, Company C, 307th Engineer Battalion, published Unit Orders Number 22 promoting him to private first class (PFC)/E-3 effective 15 September 1967.

8.  On 15 December 1967, Headquarters, 82nd Airborne Division, published Special Orders Number 311 reassigning him to Vietnam.  The orders listed his SSN as "1xx-3x-1xx6."  

9.  His records also show he served in Vietnam, U.S. Army Pacific Command (USARPAC) from on or about 4 February 1968 to 9 January 1969.  He was assigned to the 101st Administration Company from on or about 2 March 1968 to 25 July 1968 and Headquarters and Headquarters Company, 326th Engineer Battalion, from on or about 25 July 1968 to 9 January 1969.



10.  On 24 May 1968, the 101st Administration Company published Unit Orders Number 47 promoting him to temporary specialist four (SP4)/E-4 effective 24 May 1968.

11.  He was honorably released from active duty on 14 January 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his remaining Reserve obligation. 

12.  His DD Form 214 shows he completed 2 years and 2 days of creditable active service.  This form also shows the following entries:

* Item 3 (Social Security Number) shows the entry "1xx-3x-1xx6"
* Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) show the entries 
PFC (P) [Permanent] and E-3 respectively
* Item 6 (Date of Rank) shows the entry "6 December 1968"
* Item 22c (Foreign and/or Sea Service) shows the entry "0  11  10" but does not list the major theater/overseas command
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal
* Item 30 (Remarks) does not list his service in Vietnam

13.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Headquarters, 101st Airborne Division, General Orders Number 107, dated 7 January 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations in Vietnam.

15.  Headquarters, 101st Airborne Division, General Orders Number 552, dated 18 January 1969, awarded him the Army Commendation Medal for meritorious achievement.

16.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 65, dated 5 March 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

17.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 15, dated 17 January 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

18.  Headquarters, the Student Brigade, U.S. Army Infantry School, Fort Benning, GA, Special Orders Number 178, dated 26 July 1967, awarded him the Parachutist Badge.

19.  Headquarters, Department of the Army General Orders (DAGO) Number 43, dated 1970, awarded the 101st Administration Company the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 to 14 May 1969.

20.  Headquarters, DAGO Number 48, dated 1970, awarded the 101st Administration Company and the 326th Engineer Battalion the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970.

21.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960), was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more;  

	b.  The Vietnam Service Medal was 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.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign; and 

	c.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for the TET Counteroffensive (30 January 1968 to 1 April 1968), Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968), Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968), and Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

22.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated: 

	a.  Items 5a and 5b show the rank/grade in which a member was serving at the time of separation with an indication if permanent or temporary; for example "MSG (T) (Master Sergeant, Temporary), SP4 (P)."

	b.  Item 6 shows the date of rank for the grade shown in item 5a: 

		(1)  If the date of rank is different from the date of appointment, enter the date of appointment in item 30.

		(2)  If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment, will be entered in item 30.

	c.  Item 22c shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAREUR (U.S. Army Europe), USARPAC, etc.  

	d.  Item 30 is used to complete entries too long for their respective blocks and/or as a cross-reference.  An entry is made in item 30 with respect to the grade as follows: 

		(1)  If the date of appointment is different from the date shown in item 6, enter date of appointment as follows:  Item 6 - Date of Appointment 15 August 1955.

		(2)  If the grade shown in item 5 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment, as follows, "Item 5 - MSG (P) (E-8), Appointed 1 August 1988" or Item 5 - SP4 (T), Appointed 13 September 1958, date of rank 1 August 1958."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his correct SSN, correct rank/grade, and his service in Vietnam to include his awards.  He also requests his medical records be sent to the VA office in Atlanta, GA. 

2.  With respect to his rank/grade, the evidence of record shows he was promoted to the temporary rank/grade of SP4/E-4 on 24 May 1968; however, his DD Form 214 incorrectly listed his rank, grade, and date of rank.  Therefore, he is entitled to correction of items 5a, 5b, and 6 of his DD Form to show the entries SP4 (T), E-4, and 24 May 1968 respectively.  Additionally, item 30 should show his permanent rank/grade as PFC/E-3.
 
3.  General orders awarded him the Bronze Star Medal and Army Commendation Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Parachutist Badge which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

5.  General orders awarded his units of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (one award) and the Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation (one each) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The evidence of record shows he served a qualifying period of service in Vietnam for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with "1960" Device and is entitled to correction of his records to show both awards.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is also entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal and correction of his records to show theses awards. 

7.  With respect to his foreign service, he served in USARPAC for a period of 11 months and 10 days.  However, his DD Form 214 inadvertently left off his major/overseas command in item 22c.  Therefore, he is entitled to correction of item 22c of his DD Form 214 to show his foreign service was in USARPAC. 

8.  With respect to his Vietnam service, the evidence of record shows he served in Vietnam from on or about 4 February 1968 to 9 January 1969.  Although there was no requirement to enter this period of service on his DD Form 214 at the time, there is no harm to the Army or the Soldier if this period of service in Vietnam is shown in item 30 of his DD Form 214.

9.  With respect to his SSN, the available evidence shows upon his enlistment in the Regular Army, he listed his SSN as "1xx-3x-1xx6."  He consistently used this SSN throughout his entire period of military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.  He did not use any other SSN during the time he served in an active duty status.

10.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed his SSN is correct and there is an insufficient evidentiary basis for changing his DD Form 214. 

11.  With respect to his medical records, this issue is not within the purview of this board.  However, generally speaking, most Official Military Personnel Files at the National Personnel Records Center (NPRC) prior to 1992 contain both personnel and active duty health records.  Health records documents include induction and separation physical examinations, and routine medical care (doctor/dental visits, lab tests, etc.) when the patient was not admitted to a hospital.   The applicant is advised to contact the NPRC electronically at (http://www.archives.gov/veterans/military-service-records/medical.html) or by mail at 9700 Page Avenue St. Louis, Missouri 63132 regarding his medical records.

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 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.  deleting from items 5a, 5b, and 6 the entries "PFC(P)," "E-3," and "6 December 1968," and adding the entries "SP4(T)," "E-4," and "24 May 1968";

	b.  adding to item 22c of his DD Form 214 the entry "USARPAC";

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Parachutist Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation (two awards), Republic of Vietnam Campaign Medal with "1960" Device, and Vietnam Service Medal with four bronze service stars;

	d.  adding to item 30 of his DD Form 214 the entry "Service in Vietnam from 4 February 1968 to 9 January 1969; and

	e.  adding to item 30 of his DD Form 214 the entry "Permanent rank/Grade: PFC/E-3, 6 December 1968."

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 his Social Security Number and sending his medical records to the VA.



      _______ _ 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)                                         AR20100010152



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ABCMR Record of Proceedings (cont)                                         AR20100010152



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