BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110001167 


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 on his DD Form 214 (Report of Transfer or Discharge) to show award of the Silver Star and to correct his Social Security Number (SSN) and service number.

2.  The applicant states, in effect, the orders for the Silver Star were issued after he was discharged.  His service number and SSN are probably wrong due to typographical errors.

3.  The applicant provides no documents with his application.

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 was inducted into the Army of the United States on 20 March 1968.  His DD Form 47 (Record of Induction) lists his SSN as xxx-xx-xxx1 and his service number as xx xxx xx9.  All or most of the other documents contain the same numbers.

3.  He trained in military occupational specialty 36K (Wireman).  During training, orders awarded him the Sharpshooter Marksmanship Qualification Badge for the M-14 Rifle.

4.  The applicant served in Vietnam with Headquarters and Headquarters Company, 3rd Battalion, 8th Infantry, 4th Infantry Division from 2 September 1968 to 18 January 1969.

5.  4th Infantry Division General Orders Number 23, dated 1 January 1969, awarded the applicant the Army Commendation Medal for meritorious service.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Records) lists the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Vietnam Service Medal, Army Commendation Medal, [Republic of Vietnam] Campaign Medal [with Device (1960)], and one Overseas Service Bar.

7.  On 19 January 1969, the applicant was released from active duty with an honorable characterization of service due to hardship and transferred to the U.S. Army Reserve.  He had completed 10 months of active service.  His DD Form 214 lists his SSN as xxx-xx-xxx6 and his service number as xx xxx xx4.  

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons, Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Vietnam Service Medal.

9.  4th Infantry Division General Orders Number 227, dated 22 January 1969, awarded the applicant the Silver Star for gallantry in action by exposing himself to an intense bombardment of enemy rocket, mortar and artillery fire in order to restore communications between the companies and the battalion operations center.



10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

   a.  3rd Battalion, 8th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 1 October 1969 by DAGO Number 53, dated 1970; and 
   
   b.  service stars are worn on service and campaign medals to denote participation in campaigns.  The applicant's tour of duty coincide with the Vietnam Counteroffensive Phase V ? 1 July to 1 November 1968 and the Vietnam Counteroffensive Phase VI ? 2 November 1968 to 22 February 1969 campaigns.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the orders for the Silver Star were not finished until after he was discharged.  His service number and SSN are probably typographical errors.

2.  The applicant was awarded the Silver Star and the Army Commendation Medal. 

3.  He participated during two campaign periods and is entitled to two bronze service stars for wear on the Vietnam Service Medal.

4.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for the M-14 Rifle.  The listing of marksmanship badges on his DD Form 214 is apparently a transposition of the M-14 and M-16.

6.  The last digits of both the SSN and service number listed on his DD Form 214 are "typos" and should be corrected.



BOARD VOTE:

____x_  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his DD Form 214 as follows:

   a.  deleting the entries in item 2 (Service Number), item 3 (SSN), and item 24; 
   
   b.  adding in item 2 "xx xxx xx9"; 
   
   c.  adding in item 3 "xxx-xx-xxx1"; and 
   
   d.  showing in item 24 his awards consist of the Silver Star, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.




      _______ _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)                                         AR20110001167



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ABCMR Record of Proceedings (cont)                                         AR20110001167



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