IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100010989 


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 (Report of Separation from Active Duty) to show the eighth digit of his social security (SSN) is a 4 and not a 2.  He also requests that the Bronze Star Medal, Army Commendation Medal and the Purple Heart be added to his DD Form 214. 

2.  The applicant states his SSN is incorrect on the original DD Form 214, and the Bronze Star Medal, Army Commendation Medal and Purple Heart were omitted from his records.  

3.  The applicant provides the following:

* A copy of a social security card
* A copy of Department of the Army General Orders (DAGO) Number 8320, dated 25 October 1968, Headquarters, 101st Airborne Division, for award of the Bronze Star Medal and certificate
* A copy of a 101st Airborne Division Citation for award of the Army Commendation Medal
* A copy of a Purple Heart certificate
* A copy of his DD Form 214, dated 26 January 1971
* A copy of a DD Form 215 (Correction to DD Form 214), dated 2 May 1978





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 records show that, on 27 October 1965, he enlisted in the U.S. Army for a period of 3 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He reenlisted on 31 October 1966, for a period of 
4 years.

3.  The applicant provided a copy of his social security card with his request for correction of his records.  The card shows the eight digit of his SSN as a 2.  

4.  All documents in the applicant's records that required an SSN consistently shows the number 4 as the eighth digit.

5.  A copy of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry, in Vietnam from 29 September 1967 through 8 August 1968.  

6.  On 26 January 1971, the applicant was initially discharged under other than honorable conditions.  His discharge was later upgraded to under honorable conditions by the 19 January 1977 Extension of Presidential Proclamation 4313.  He served a total of 3 years, 10 months, and 8 days of active service.  He also had a total of 501 days of lost time.  The applicant's initial DD Form 214 shows the eight digit of his SSN as a 4.  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Separated) acknowledging he had verified the information contained on his DD Form 214 was correct.  




7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Parachutist Badge. 

8. The applicant provides a copy of DAGO Number 8320, dated 25 October 1968, Headquarters, 101st Airborne Division which awarded him the Bronze Star Medal.

9.  The applicant's records contain a copy of DAGO Number 58, dated 19 April 1968, which awarded him the Purple Heart (First Award) for wounds received as a result of hostile action on 16 April 1968 while in Vietnam.

10.  The applicant provides a copy of a 101st Airborne Division Citation for award of the Army Commendation Medal.  However, there is no entry in Item 41 (Awards and Decorations) of the applicant's DA Form 20 showing he was awarded the Army Commendation Medal.

11.  There are no orders in the applicant's military personnel records awarding him the Army Commendation Medal.

12.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Army Commendation Medal and no orders for this award were found.   

13.  A review of the applicant's records indicates entitlement to an additional award that is not shown on his DD Form 214.

14.  DAGO Number 43, dated 1970, announced award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for service in the RVN to the 2nd Battalion, 327th Infantry and its subordinate units during the period 19 July 1968 to 14 May 1969.

15.  DAGO Number 48, Dated 1971, announced award of the RVN Civil Actions Honor Medal First Class Unit Citation to the 2nd Battalion, 327th Infantry and its subordinate units during the period 18 March 1968 to 2 May 1970 for service in the RVN.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Four designated campaigns coincide with the applicant's period of service in the RVN:

* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* TET Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phases IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phases V (1 July 1968 – 1 November 1968)

17.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.  This includes the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the eighth digit of his SSN as a 2 is not supported by the available evidence.  His contention that the Bronze Star Medal, Army Commendation Medal and Purple Heart should be added to his DD Form 214 was carefully considered and is partially supported by the evidence provided. 

2.  At the time of the applicant's entry into the Army, Soldiers were assigned service numbers and did not use their social security number for service record identification purposes.  However, at the time of the applicant's separation, the U.S. Army was using the individual's social security number as a means of identification.  

3.  Although the applicant now claims that the eighth digit of his SSN is a 2 he used the 4 as the eighth digit when he served in an active duty status.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  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.  

4.  The evidence of record shows the applicant authenticated his DD Form 214, on 26 January 1971 with his signature in Item 32 indicating he had verified that the information contained on the separation document, to include the SSN, was correct. 

5.  This Report of Proceedings along with the application and supporting documents submitted by the applicant will be filed in his Official Military Personnel File (OMPF) to provide clarity for any confusion that may arise regarding his different SSNs.    

6.  General Orders awarded the applicant the Bronze Star Medal and the Purple Heart which are not shown on his DD Form 214.  He is entitled to correction of his DD Form 214 to show these individual awards.

7.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  He is entitled to correction of his DD Form 214 to show these unit awards.

8.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in the RVN.  He is entitled to award of four bronze service stars for wear on the already-awarded Vietnam Service Medal.

9.  The applicant's records are void of orders and the applicant has not provided sufficient documentation for award of the Army Commendation Medal.  Therefore, based on the foregoing, he is not entitled to correction of his DD Form 214 to show this award.

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 adding to item 26 of his DD Form 214 for the period ending on 26 January 1971, the Purple Heart (First Award), Bronze Star Medal, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to the previously-awarded Vietnam Service Medal.




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 award of the Army Commendation Medal and correcting his SSN. 




      _______ _   _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)                                         AR20100010989



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ABCMR Record of Proceedings (cont)                                         AR20100010989



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