IN THE CASE OF:	 

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026205 


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 last two digits of his social security number (SSN) as "69" instead of "96"
* all awards and decorations he earned

2.  The applicant states his SSN was recorded wrong in his military records.

3.  The applicant provides a copy of a social security card; letter and SSN printout from the Social Security Administration (SSA); and 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's records show he enlisted in the Regular Army (RA) on 31 July 1963.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) listed his service number; it did not list his SSN.  In connection with his enlistment, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the last two digits as "69."

3.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entry in the Army listed his SSN with the last two digits as "96."  The applicant reviewed this form and authenticated it by placing his signature in the appropriate place.

4.  He completed basic combat and advanced individual training and held military occupational specialty (MOS) 112.07 (Light Weapons Infantryman).  He was honorably discharged on 30 July 1964 for the purpose of immediate reenlistment. 

5.  The DD Form 214 he was issued for this period of service shows he was awarded the Parachutist Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Additionally, item 32 (Remarks) of this form lists the last two digits of his SSN as "69."

6.  He reenlisted for 3 years on 31 July 1964.  His DD Form 4 again listed his service number; it did not list his SSN.  He served in Okinawa from 17 September 1964 to 4 May 1965 and in Vietnam from 5 May 1965 to 24 April 1966.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 503rd Infantry.

7.  He was honorably released from active duty on 28 July 1967 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Combat Infantryman Badge, Vietnam Service Medal, Army Good Conduct Medal, and Parachutist Badge.

9.  After a short break in service, he again enlisted in the Regular Army for 4 years on 13 November 1968.  Item 19 (SSN) of his DD Form 4 lists the last two digits of his SSN as "96."

10.  He held MOS 55B (Ammunition Storage Specialist) and served in Germany from 29 November 1968 to 12 October 1971.  He was honorably discharged on 7 June 1973.

11.  Item 3 (SSN) of his DD Form 214 for this period of service lists the last two digits of his SSN as "96."  Additionally, item 24 of this form shows the following awards:

* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* Vietnam Campaign Medal
* Vietnam Service Medal
* Parachutist Badge
* Combat Infantryman Badge

12.  He submitted a copy of a social security card that lists his name and an SSN with the last two digits as "69."  He also submitted a letter and an SSN printout from the SSA verifying the SSN shown on the social security card is assigned to him.

13.  His records contain a letter issued by Department of the Army, Office of the Adjutant General, dated 9 July 1971, authorizing him acceptance of the German Parachutist Badge.

14.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

15.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam campaign participation credit was awarded for the Vietnam Defense Campaign (8 March 1965 to 24 December 1965) and the Vietnam Counteroffensive (25 December 19865 to 30 June 1966) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Headquarters, Department of the Army, published the following general orders (GO) awarding the 1st Battalion, 503rd Infantry, the:

* Presidential Unit Citation, GO Number 40, dated 1966, for service on 8 November 1965
* Meritorious Unit Commendation, GO Number 48, dated 1968, for service from 5 May 1965 to 4 May 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, GO Number 51, dated 1971, for service from 5 May 1965 to 26 September 1970

DISCUSSION AND CONCLUSIONS:

1.  With respect to his SSN:

	a.  The evidence of record shows upon his initial enlistment on 31 July 1963 he completed a DD Form 398 wherein he listed his SSN with the numbers "69" as the last two digits.  Although his DA Form 20 listed his SSN with the last two digits as "96," his DD Form 214 for the period ending 30 July 1964 listed his SSN with the last two digits as "69."

	b.  His second enlistment contract listed his serial number; it did not list his SSN.  His DD Form 214 for the period ending 28 July 1967 listed his SSN with the last two digits as "96."  Furthermore, his DD Form 4 for his third enlistment listed his SSN with the last two digits as "96" and his DD Form 214 for the period ending 7 June 1973 also listed his SSN with the last two digits as "96."

	c.  The last SSN shown on his first DD Form 214 (with a "69") is consistent with the SSN shown on his DD Form 398, social security card, and the SSA letter.  It appears his subsequent DD Forms 214 inadvertently mixed the numbers and listed the last two digits as "96."  Therefore, he is entitled to correction of his DD Forms 214 ending 7 June 1973 and 28 July 1967 to show the last two digits of his SSN as "69."

2.  The evidence of record shows he served a qualifying period of service for award of the National Defense Service Medal which is not shown on his records. 
Therefore, he is entitled to correction of his records to show this award.

3.  GO awarded his unit the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

5.  A Department of the Army letter authorized him acceptance of the German Parachutist Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.


BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* deleting from item 3 of his DD Form 214 for the period ending 28 July 1967 the SSN ending with "96" and replacing it with the SSN ending with "69"
* deleting from item 3 of his DD Form 214 for the period ending 7 June 1973 the SSN ending with "96" and replacing it with the SSN ending with "69"
* adding to this DD Form 214 for the period ending 7 June 1973 the –

* National Defense Service Medal
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* German Parachutist 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)                                         AR20100026205



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ABCMR Record of Proceedings (cont)                                         AR20100026205



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