IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100023260 


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 the Combat Infantryman Badge (CIB) and his correct social security number (SSN).

2.  He states the above items were not of great concern when he was released from active duty.  He also states he served in Vietnam with the infantry and received two Purple Hearts.

3.  He provides a copy of his 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.  The applicant enlisted in the Regular Army on 30 November 1964.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 29 November 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his military service obligation.  He served 
3 years of total active service.

3.  His enlistment records do not show his SSN.

4.  His DA Form 20 (Enlisted Qualification Record) does not show his SSN.  The form shows in:

* item 31 (Foreign Service) Okinawa from 17 May 1965 to 22 May 1965 and in Vietnam from 23 May 1965 through 22 May 1966
* item 38 (Record of Assignments) he was assigned to Company A, 2d Battalion (Airborne), 503d Infantry, from 19 May 1965 to 6 May 1966 in MOS 11B
* item 38 he received all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) the entry "CIB" which is lined through

5.  His DD Form 214 shows in:

* item 3 (Social Security Number) - xxx-xx-69xx
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Purple Heart (2d Award)
* Bronze Star Medal with "V" Device

6.  The record is void of documentation showing he was the subject of disciplinary action during his Army service.

7.  His record does not contain a source document for the SSN entered on his DD Form 214.





8.  After his release from active duty, he completed a USAAC Form 170 (Army Reserve Personnel Data Review), dated 27 January 1968.  This form shows his SSN as xxx-xx-69xx.  He requested a change of his SSN to xxx-xx-96xx.  The record does not show any action was taken based on his request.

9.  Effective 29 November 1970, he was discharged from the USAR by Letter Orders Number 11-1096591, issued by the Office of the Adjutant General.  The orders show SSN xxx-xx-69xx. 

10.  The record is void of documentation showing he was awarded the CIB.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command failed to reveal orders awarding the CIB to the applicant.  

12.  His record contains general orders awarding him the Bronze Star Medal with "V" Device.  The citation published in the orders shows he received the award for heroic actions on 18 December 1965 when his infantry unit engaged an entrenched Viet Cong force in dense jungle terrain.

13.  Army Regulation 600-8-22 (Military Awards) states there are three basic requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

14.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  His service in Vietnam coincides with two campaigns:
* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 503d Infantry was cited for the following awards for periods during which the applicant was assigned to the unit:

* Presidential Unit Citation (PUC) for 16 March 1966 by Department of the Army General Orders (DAGO) Number 40, dated 1967
* Meritorious Unit Commendation (MUC) for the period 5 May 1965 to 4 May 1967 by DAGO Number 48, dated 1968
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 Sep 1970 by DAGO Number 51, dated 1971

18.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time stated to transcribe the SSN from DA Form 2189 (Military Pay Voucher) in item 3 and to enter all decorations, service medals, campaign credits, and badges awarded or authorized in item 24.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his record to show he was awarded the CIB.  

2.  The evidence does not support his request to correct the SSN shown on his DD Form 214.

3.  The source document for the SSN on his DD Form 214 is not available and he has not provided documentation showing he actually served under a different SSN.  Accordingly, in the absence of evidence showing otherwise, it must be presumed the SSN recorded on his DD Form 214 is correct.  

4.  The record shows he actively participated in ground combat while assigned as an infantryman to an infantry unit.  Therefore, he is entitled to correction of his DD Form 214 to show award of the CIB.

5.  He served honorably during the period 30 November 1964 through 29 November 1967 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  It would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of Federal military service.  He is entitled to correction of his DD Form 214 to show this award.

6.  He was awarded the VSM.  His records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the previously-awarded VSM.

7.  He served in a unit that was awarded the PUC, MUC, and RVN Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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:

	a.  awarding him the AGCM (1st Award) for the period 30 November 1964 to 29 November 1967; 

	b.  deleting the VSM from item 24 of his DD Form 214; and

	c.  adding to item 24 of his DD Form 214 the:

* AGCM (1st Award)
* VSM with two bronze service stars
* CIB
* PUC
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 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)                                         AR20100023260



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023260



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1