IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100016523 


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) to show his correct social security number (SSN) and all awards and decorations he earned. 

2.  The applicant states his DD Form 214 is missing several awards and listed an incorrect SSN.

3.  The applicant provides a Social Security card and 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.  Prior to the applicant's induction into the Army of the United States, he completed a DD Form 398 (Statement of Personal History) and listed his SSN as "8xx-1x-3xxx."  He authenticated this form by placing his signature in the appropriate block.

3.  He was subsequently inducted into the Army of the United States on 19 July 1966.  His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 63H (Automotive Repairman).

4.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entry in the Army listed the same SSN as that shown on his DD Form 398.  The applicant reviewed this form and authenticated it by placing his signature in the appropriate block.

5.  His records show he served in Vietnam from on or about 2 October 1967 to on or about 6 July 1968.  He was assigned to the 156th Heavy Equipment Maintenance Company.  

6.  On 1 October 1967, he completed a DA Form 41 (Record of Emergency Data) wherein his SSN is listed as "8xx-1x-3xxx."

7.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 11 July 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group for completion of his remaining Reserve obligation.  His DD Form 214 shows the following entries:

	a.  Item 3 (SSN) listed the same SSN as that shown on his DD Form 398 and DA Form 20.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, one overseas service bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  He submitted a Social Security card, dated 11 July 2007, that contains his name and the number "3xx-3x-8xxx," which is completely different than that shown on his DD Form 398, DA Form 20, and DA Form 41.

9.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his record is void 

of any derogatory information such as nonjudicial punishment (NJP), lost time, suspension of favorable personnel action, or a record of court-martial.  There is also no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Department of the 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 Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

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

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 which is not shown on his

DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The evidence of record confirms he served honorably during the period 19 July 1966 through 11 July 1968.  He served in Vietnam, he received "excellent" conduct and efficiency ratings throughout his military service, and he attained the rank/grade of SP5/E-5.  His record is void of any derogatory information on file that would have disqualified him from the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his DD Form 214 to show this award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal and he participated in four campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 as such.

4.  With respect to the applicant's SSN, the evidence of record shows he listed his SSN as "8xx-1x-3xxx" upon his induction into the Army of the United States.  This SSN is consistent with the number shown on his DA Form 20, DA Form 41, and subsequently his DD Form 214.  There is no evidence he used the SSN he now claims is correct during the time he served on active duty.

5.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

6.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

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 item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st award) for exemplary behavior, efficiency, and fidelity during the period 19 July 1966 through 11 July 1968; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st award), Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 changing his SSN on his DD Form 214.



      ___________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)                                         AR20100016523



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ABCMR Record of Proceedings (cont)                                         AR20100016523



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