IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100027974 


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 item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the:

* Purple Heart (Second Oak Leaf Cluster)
* Air Medal
* Army Good Conduct Medal

2.  The applicant states he is requesting a corrected DD Form 214 for the Department of Veterans Affairs and for his own personal records.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 3898
* General Orders Number 2603
* 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 enlisted in the Regular Army on 31 January 1966.  He was assigned an eight digit Regular Army service number under which his service was recorded. He completed training as a light weapons Infantryman.  He arrived in Vietnam on 23 August 1966.  He was assigned to Company C, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile).

3.  He participated in the following campaigns:

* Vietnamese Counteroffensive Phase II Campaign, which extended from 1 July 1966 through 31 May 1967
* Vietnamese Counteroffensive Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968

4.  On 11 October 1966, General Orders Number 3496 were published awarding the applicant the Purple Heart for wounds received in action on 1 October 1966.

5.  On 5 March 1967, General Orders Number 973 were published awarding him the Purple Heart (First Oak leaf Cluster) for wounds received in action on 27 February 1967.

6.  On 2 April 1967, the applicant accepted nonjudicial punishment (NJP) for two incidents of failure to obey a lawful order.

7.  General Orders Number 2603 were published on 23 May 1967, awarding him the Purple Heart (Second Oak Leaf Cluster) for wounds received in action on 16 May 1967.

8.  On 8 July 1967, General Orders Number 3898 were published awarding the applicant the Air Medal for meritorious achievement during the period 16 August 1966 through 31 May 1967.

9.  He was convicted by a special court-martial on 15 March 1968 for two separate AWOL offenses and for breaking restriction.

10.  The applicant departed Vietnam en-route to the U.S. on 23 March 1968.  

11.  Special Orders Number 273, Headquarters, Department of the Army, dated 14 August 1968 directed that the applicant be retired due to physical disability.  These orders show his SSN to be 528 - xx - xxxx.

12.  AGPZ Form 977 (Data for Retired Pay) dated 14 August 1968, shows the applicant's SSN as 528 - x2 - xxxx.

13.  He was retired by reason of physical disability on 29 August 1968.  The DD Form 214 he received shows an SSN of 529 - x0 - xxxx

14.  His DD Form 214 also shows the following awards:

* Vietnam Service Medal
* Parachute Badge
* National Defense Service Medal
* Purple Heart
* Two Overseas Service Bars
* Vietnam Campaign Medal

15.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was rated unsatisfactory in conduct and fair in efficiency from 2 September 1966 until he retired on 29 August 1968.

16.  The applicant provides copies of the orders awarding him the Air Medal and the Purple Heart (Second Oak Leaf Cluster).  He also submits a copy of his Social Security Card, which shows the same SSN as shown on his retirement orders and AGPZ form 977 discussed above.

17.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  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.

18.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  He is not authorized the Army Good Conduct Medal.  He was convicted by a special court-martial and he had NJP imposed against him as a result of his acts of misconduct.  He was rated unsatisfactory in conduct and fair in efficiency from 2 September 1966 until he retired on 29 August 1968.  He does not meet the criteria contained in Army Regulation 672-5-1 for award of the Army Good Conduct Medal.  This award should not be added on his DD Form 214.

3.  The applicant's records show he is authorized the following awards, which should be added on his DD Form 214:

* Purple Heart (Second Oak Leaf Cluster)
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal

4.  The applicant's DD Form 214 reflects an SSN that is different from that shown on his retirement orders, AGPZ Form 977, and Social Security Card.  Therefore, it would be appropriate to correct item 3 (SSN) of his DD Form 214 to show his SSN as 528 -x2 - xxxx.




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 amending item 3 of his DD Form 214 to show his SSN as 528-x2-xxxx, and item 24 to add the following awards:

* Purple Heart (Second Oak Leaf Cluster)
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 awarding him and amending his DD Form 214 to show he is authorized the Army Good Conduct Medal.




      _______ _  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)                                         AR20100027974



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027974



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1