IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110003562 


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 records to show his social security number (SSN) as "X01-XX-XXXX."  He also requests all of his authorized awards and decorations.

2.  The applicant states, in effect, the second and third digits of the SSN recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) are incorrect and should be "01" instead of "10."  He also states he is authorized additional awards based on his military service.

3.  The applicant provides a copy of his DD Form 214 and Social Security Card. The Social Security Card shows the number "X01-XX-XXXX."

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 DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army on 29 May 1963.  [The U.S. Armed Forces did not use the SSN at the time of the applicant's enlistment].

3.  A DD Form 398 (Statement of Personal History) completed by the applicant on 12 February 1964 shows in the SSN block he entered "X01-XX-XXXX."

4.  The applicant's DA Form 24 (Service Record) shows in the Name and Service Number block "SSAN [Social Security Account Number]:  X01-XX-XXXX."

5.  A DA Form 20 (Enlisted Qualification Record) shows in the Name and Service Number block "SSAN:  X01-XX-XXXX."  His DA Form 20 also shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 20 August 1965 through 21 May 1966;

   b.  item 38 (Record of Assignments) he was assigned to Company C,
1st Battalion (Airborne), 12th Cavalry, 1st Cavalry Division (Airmobile), from
21 September 1965 through 17 May 1966;

	c.  item 39 (Campaigns) no entry (blank); and

	d.  item 41 (Awards and Decorations) the Parachutist Badge, Combat Infantryman Badge, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle (.30 Caliber) and Machinegun (M-60) Bars, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  Headquarters, 1st Cavalry Division (Airmobile), General Orders (GO) Number 1981, dated 10 June 1966, awarded the applicant the Army Commendation Medal with "V" Device for heroism against a hostile force in the Republic of Vietnam on 31 January 1966.

7.  Headquarters, 1st Cavalry Division (Airmobile), GO Number 956, dated
10 April 1966, as amended by GO Number 2130, dated 21 June 1966, and
GO Number 1126, dated 19 March 1967, awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 2 April 1966.

8.  The applicant's DD Form 214 shows he entered active duty on 29 May 1963, was honorably released from active duty on 24 May 1966, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
	a.  He completed 2 years, 11 months, and 26 days of active service this period, including 9 months and 1 day of foreign service in Vietnam.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Parachutist Badge, Combat Infantryman Badge, and Vietnam Service Medal.

   c.  Item 27 (Wounds Received As A Result of Action With Enemy Forces) shows "None."

   d.  Item 32 (Remarks) shows the entry "SSAN:  X10-XX-XXXX."

9.  The applicant's DA Form 20 shows he qualified and was awarded the Vietnam Service Medal, but his records do not show he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to Company C, 1st Battalion (Airborne), 12th Cavalry, 1st Cavalry Division (Airmobile), the battalion was awarded the:

* Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 40 (1967)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 56 (1969)

11.  The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.
   a.  Item 38 of his DA From 20 shows he received "excellent" conduct and efficiency ratings throughout his military service, with the exception of one academic efficiency rating of "good" while he was in basic airborne training.

	b.  A DA Form 137 (Installation Clearance Record), dated 13 May 1966, shows the commanding officer rated the applicant's conduct and efficiency as "excellent."

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 
22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 provides that:

	a.  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.

   b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

14.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  It states all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions show for:
	    (1)  item 26 enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein;

       (2)  item 27 enter chronologically each wound received as the result of enemy action during the period covered by the DD Form 214 being prepared; show both date and place of action, if recorded on records available at time of separation; the theater of operations in which the action occurred may be entered if exact location is not recorded; and

	    (3)  item 32 states transcribe the SSAN from the DA Form 20 in the following manner:  "SSAN:  000-00-0000."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show his SSN as "X01-XX-XXXX" and all of his authorized awards.

2.  The evidence of record shows that subsequent to his entry on active duty in the U.S. Army, the applicant's SSN was recorded in his personnel records as "X01-XX-XXXX."  The evidence of record also shows that this SSN was accurately and consistently recorded in the applicant's official military service records up until the date of his release from active duty.

3.  The evidence of record shows the SSN recorded in item 32 of the applicant's DD Form 214 is incorrect.  Specifically, the second and third digits of the SSN are incorrect (i.e., transposed).  Therefore, it would be appropriate to correct the entry to show his correct SSN.

4.  The evidence of records shows:

   a.  the applicant was wounded in action in the Republic of Vietnam on 2 April 1966;

   b.  general orders awarded the applicant the Purple Heart and Army Commendation Medal with "V" Device;

   c.  the applicant qualified for award of the National Defense Service Medal;

   d.  the applicant participated in two campaigns phases during his service in the Republic of Vietnam and he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal;

   e.  the applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960);

   f.  general orders awarded the applicant's battalion the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation;

   g.  the applicant qualified for award of the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle (.30 Caliber) and Machinegun (M-60) Bars; and

   h.  the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 29 May 1963 to 24 May 1966.

		(1)  He received "excellent" conduct and efficiency ratings during this period of service, with the exception of one academic efficiency rating of "good" while he was in basic airborne training, which is not disqualifying.

		(2)  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

		(3)  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal.

5.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214, to show all of his awards and decorations, as recommended below.

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:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 29 May 1963 to 24 May 1966; and

	b.  correcting his DD Form 214 by deleting from item 26 all of the listed awards and decorations and adding the:

* Purple Heart
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle (.30 caliber) and Machine Gun (M-60) Bars

   c.  deleting from item 27 the entry "None";

   d.  adding to item 27 the entry "2 April 1966, Republic of Vietnam";

   e.  deleting from item 32 the entry "SSAN:  X10-XX-XXXX"; and

   f.  adding to item 32 the entry "SSAN:  X01-XX-XXXX."



      _____________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)                                         AR20110003562



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ABCMR Record of Proceedings (cont)                                         AR20110003562



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