IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100025307 


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 DD Forms 214 (Armed Forces of the U.S. Report of Transfer or Discharge) be corrected to show:

* His social security number (SSN) as xxx-xx-32xx vs xxx-xx-23XX
* Award of the Bronze Star Medal (BSM)
* Award of the Purple Heart 
* Award of the Expert Marksmanship Qualification Badge 

2.  He does not make a statement.

3.  He provides:

* Two DD Forms 214 
* A general order
* A special order
* A copy of his social security card

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 he enlisted in the Regular Army for a period of 3 years on 13 November 1968.  Item 19 Social Security Account Number (SSAN) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his SSN as "xxx-xx-32xx."  

3.  A thorough review of his official military record shows documents that contain both SSNs spanning the tenure of his military career.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 1 (Name and Service Number) his SSN as xxx-xx-23xx
* Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 20 May 1969 to 17 May 1970 
* Item 38 he was assigned to Company A, 2nd Battalion, 501st Infantry Regiment, 101st Airborne (Air Mobile)  
* Item 40 he sustained fragment wounds to his head and left side of his chest on 15 March 1970

5.  His official military record contains special orders issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, showing his qualification with the following weapons:

	a.  Special Orders Number 7, dated 7 January 1969, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and 

   b.  Special Orders Number 23, dated 23 January 1969, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  His official military record contains Special Orders Number 063, dated 14 March 1969, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, showing he was awarded:

	a.  the Second Class Gunner [currently referred to as marksman) Marksmanship Qualification Badge with Machine Bar (M-60);

	b.  Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and

   c.  Marksman Marksmanship Qualification Badge with Grenade Launcher 
(M- 79).

7.  He submitted the following orders issued by the Headquarters, 101st Airborne Division, (Airmobile):

	a.  General Orders Number 3695, dated 1 April 1970 – show he was awarded the BSM for meritorious service from 1 June 1969 to 31 March 1970; and

	b.  General Orders Number 4443, dated 20 April 1970, show he was awarded the Purple Heart for wounds received on 15 March 1970.

8.  On 23 June 1970, he was honorably discharged for the purpose of immediate reenlistment after serving for a total of 1 year, 7 months, and 11 days.  This DD Form 214 contains the following entries:

* Item 3 (Social Security Number) xxx-xx-23xx
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal 
* Air Medal
* Two Overseas Service Bars
* Army Commendation Medal
* Combat Infantryman Badge

9.  On 12 November 1971, he was discharged under honorable conditions (general) from active duty after serving for a total of 1 year, 10 months, and 10 days.  This DD Form 214 contains the following entries:

* Item 3 (Social Security Number) xxx-xx-23xx
* 
Item 24 lists the:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with "1960" Device
* Air Medal
* Air Medal (2nd Award)
* Army Commendation Medal
* Combat Infantryman Badge

10.  He submitted a copy of his social security card, which shows his SSN as xxx-xx-32xx.

11.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

12.  Army Regulation 660-8-22 also states that the award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

13.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in the RVN he participated in four campaigns:  the Tet Counteroffensive 1969; Vietnam Summer-Fall 1969; Vietnam Winter-Spring, 1970; and DA Sanctuary Counteroffensive campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

14.  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 unit to which the applicant was assigned was cited for award of the following:

	a.  10 May through 21 May 1969 – Presidential Unit Citation (PUC) - by Department of the Army General Orders Number 16, dated 1972;

	b.  18 April through 31 August 1971 and 6 September through 9 September 1971 - RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974; and

	c.  18 March 1968 through 2 May 1970 – RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the SSN shown on the applicant's DD Form 214 does not reflect the conditions and circumstances that existed at the time the record was created.  Many of the documents in his official record show the last sixth and seventh digit of his SSN as "32xx," which matches the SSN shown on his social security card.  Therefore, he is entitled to correction of his DD Forms 214 dated 21 June 1970 and 12 November 1971 to show his SSN as xxx-xx-32xx.

2.  General orders show he was awarded the BSM and the Purple Heart.  Therefore, his DD Forms 214 should be corrected to show these awards.

3.  Special orders show he was awarded the following marksmanship qualification badges: 

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Marksman Marksmanship Qualification Badge with Grenade Launcher 

4.  Although he was initially awarded the Expert Marksmanship Qualification Badge with Rifle (M-16), he subsequently qualified as a Sharpshooter on the same weapon.  Therefore, he is not entitled to have his record correct to show award of the Expert Marksmanship Qualification Badge with Rifle (M-16).

5.  General orders also show the unit to which the applicant was assigned was awarded the PUC, RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Forms 214 to show these unit awards.

6.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded VSM.


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 is 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 3 of his DD Forms 214 for the period ending 23 June 1970 and 12 November 1971 the entry xxx-xx-23xx and replacing them with the entry xxx-xx-32xx; and

	b.  adding to item 24 of his DD Form 214 for the period ending 12 November 1971 the:

* BSM
* Purple Heart
* PUC
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar

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 Expert Marksmanship Qualification Badge.



      ____________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)                                         AR20100025307



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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