BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100013278 


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 record be corrected to show:

* his social security number (SSN) properly as XX6-XX-XXXX instead of XX8-XX-XXXX
* award of the Combat Infantryman Badge (CIB)

2.  He states his military record contains the following documents on which his SSN is shown incorrectly as XX8-XX-XXXX:

* Orders and citation for the Bronze Star Medal (BSM) with "V" Device
* Orders, citation, and certificate for the Army Commendation Medal (ARCOM) 
* Orders and certificate for the ARCOM with “V” Device (First Oak Leaf Cluster (1OLC))
* Orders and certificate for the Air Medal (AM)
* Orders, citation, and certificate for the AM with Numeral 3

3.  He provides the following documents in support of his request:

* a self-authored statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Social Security Card that shows his SSN as XX6-XX-XXXX
* 5 Department of the Army General Orders (DAGO)
* 5 award certificates and 2 award citations
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.  His military records show he was inducted into the Army of the United States on 22 January 1969.  The DD Form 47 (Record of Induction) prepared during his induction processing and the DA Form 20 (Enlisted Qualification Record) prepared on him upon his entry on active duty both show SSN XX6-XX-XXXX, which is the SSN he contends is correct.

3.  The DA Form 20 shows he served in the Republic of Vietnam (RVN) from 4 September 1969 to 3 September 1970.  Item 38 (Record of Assignments) shows he was assigned to Company A, 5th Battalion, 60th Infantry Regiment during that time.  Item 38 also shows he receive no less than “excellent” conduct and efficiency ratings for each of his assignments.

4.  Item 41 (Awards and Decorations) of his DA Form 20, in pertinent part, includes award of the CIB and the Sharpshooter Marksmanship Qualification Badge with M-16 and M-14 Rifle Bars.

5.  His Military Personnel Records Jacket (MPRJ) does not show he committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal (AGCM), or that he was ever disqualified for the award by any of his active duty unit commanders.

6.  His MPRJ contains Special Orders (SO) Number 68 issued by Headquarters, 3rd Brigade, 9th Infantry Division, dated 13 October 1969, which show he was awarded the CIB.  His SSN appears as XX8-XX-XXXX on these orders, which is different from the SSN reflected on his DD Form 47, DA Form 20, and Social Security Card.

7.  His MPRJ contains and he also provides the following DAGO citations and certificates issued by Headquarters, II Field Force Vietnam on the dates shown whereon his SSN appears as XX8-XX-XXXX, which is different than what is reflected on his DD Form 47, DA Form 20, Social Security Card:

* DAGO 246, dated 20 January 1970, and a certificate, dated 19 January 1970 for award of the AM
* DAGO 250, dated 20 January 1970, a citation, and a certificate, dated 19 January 1970, for award of the ARCOM
* DAGO 1486, dated 9 April 1970, and certificate, dated 9 April 1970, for award of the ARCOM with “V” Device and 1OLC
* DAGO 2632, dated 18 June 1970, and a certificate, dated 10 April 1970, for award of the BSM with "V" Device
* DAGO 3367, dated 20 August 1970, a citation, and a certificate, dated 20 August 1970, for award of the AM with Numeral 3

8.  The applicant continuously served until he was honorably released from active duty on 5 September 1970.  Item 3 (SSN) of his DD Form 214 shows his SSN as XX6-XX-XXXX, which is consistent with the SSN shown on his DD Form 47, DA Form 20, SSN Card, and the majority of the documents maintained in his MPRJ.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear the:

* National Defense Service Medal
* ARCOM
* Vietnam Service Medal (VSM)
* AM
* Vietnam Campaign Medal [properly known as the Republic of Vietnam Campaign Medal with Device (1960)]
* BSM

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with 
participating in while serving in the RVN.  Table B-1 of this regulation contains a list of RVN campaigns and shows that during the applicant's tenure of assignment participation credit was granted for the following campaigns:

* Vietnam Summer-Fall 1969 (9 June – 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970
* DA Sanctuary Counteroffensive (1 May – 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971)

11.  Army Regulation 600-8-22 prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  For the first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year, is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows DAGO awarded the following recognition to the applicant's unit (Company A, 5th Battalion, 60th Infantry Regiment) for achievements during his period of assignment:

* Valorous Unit Award, by DAGO 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation, by DAGO 55, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation, by DAGO 55, dated 1971.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends all documents associated with his AM, ARCOM, ARCOM with 1OLC and “V” Device, BSM with "V" Device, and AM with Numeral 3 should be amended to show his correct SSN.

2.  The available evidence clearly shows administrative errors occurred that resulted in the applicant’s SSN being incorrectly entered as XX8-XX-XXXX on multiple award documents.  As a result, it would be appropriate to correct the documents in question to show the applicant’s correct SSN of XX6-XX-XXXX at this time.

3.  Special orders awarded him the CIB; however, it is not currently listed on his DD Form 214.  Therefore, it should be added to his DD Form 214.

4.  The available evidence shows he received “Excellent” conduct and efficiency ratings at each of his active duty assignments as evidenced by his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active service from 22 January 1969 to 5 September 1970 and to add this award to his DD Form 214.

5.  The applicant's unit received the following awards during the period the applicant was assigned to the unit; therefore, he is entitled to correction of his 
DD Form 214 to show the following awards:

* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

6.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and to have his DD Form 214 corrected to reflect this fact.

7.  His records also show he earned the Sharpshooter Marksmanship Qualification Badge with M-16 and M-14 Rifle Bars.

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:

	a.  amending the following DAGO, citations, and certificates issued by Headquarters, II Field Force Vietnam on the dates shown, to correctly reflect his SSN as XX6-XX-XXXX:

* DAGO 246, dated 20 January 1970, and a certificate, dated 19 January 1970 for award of the Air Medal
* DAGO 250, dated 20 January 1970, a citation, and a certificate, dated 19 January 1970, for award of the Army Commendation Medal
* DAGO 1486, dated 9 April 1970, and certificate, dated 9 April 1970, for award of the Army Commendation Medal with “V” Device and 1OLC
* DAGO 2632, dated 18 June 1970, and a certificate, dated 10 April 1970, for award of the Bronze Star Medal with "V" Device
* DAGO 3367, dated 20 August 1970, a citation, and a certificate, dated 20 August 1970, for award of the Air Medal with Numeral 3

	b.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active service from 22 January 1969 to 5 September 1970;

	c.  deleting the entries currently in item 24 of his DD Form 214 and adding the following:

* Bronze Star Medal with "V" Device
* Army Commendation Medal with “V” Device and 1OLC
* Air Medal with Numeral 3
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars 
[M-16] and [M-14]

	d.  providing him a document that includes the above awards.



      ____________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)                                         AR20100013278



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ABCMR Record of Proceedings (cont)                                         AR20100013278



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