IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004369 


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 the records of his deceased father, a former service member (FSM), to show his award of the Bronze Star Medal (BSM) and that his BSM orders show the correct social security number (SSN).  He also requests posthumous award of the Army Good Conduct Medal (AGCM) to the FSM.

2.  The applicant states his father was awarded the BSM with an incorrect SSN and the BSM was not included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  Additionally, he was not awarded the AGCM.

3.  The applicant provides copies of:

* his birth certificate
* FSM's death certificate
* BSM Certificate
* BSM Citation
* BSM orders

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 FSM enlisted in the Regular Army in Shreveport, Louisiana, on 4 September 1969 for a period of 2 years.  At the time of his enlistment he had no SSN and was issued a temporary SSN pending receipt of a permanent number.  His temporary SSN began with the digits "919."

3.  He completed basic training at Fort Bliss, Texas, and advanced individual training as an infantry indirect fire crewman at Fort Ord, California, before being transferred to Fort Benning, Georgia, to attend the Noncommissioned Officer Candidate Course.  He was subsequently transferred to Fort Polk, Louisiana, where he remained until he was transferred to Vietnam on 6 October 1970 for assignment to Company D, 2d Battalion, 1st Infantry Regiment, 23d Infantry Division.

4.  He was awarded the Combat Infantryman Badge (CIB) on 25 November 1970, the ARCOM on 10 January 1971, and the Purple Heart on 29 March 1971.

5.  The FSM had been wounded in action on 11 March 1971 and was evacuated to a hospital in Japan and then to Fort Polk where he remained until he was honorably released from active duty (REFRAD) on 16 April 1971.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal.

6.  General Orders Number 08236, Headquarters, 23d Infantry Division, dated 21 July 1971, awarded the FSM the BSM for meritorious service from 1 August 1970 to 30 June 1971.  The SSN listed was the FSM's temporary SSN.

7.  A review of his official records shows the FSM was issued a permanent SSN beginning with the first three digits of "452" which is correctly reflected on his DD Form 214.

8.  His records also show he participated in one campaign and he had "excellent" conduct and efficiency ratings throughout his service.  His records are void of any derogatory information.

9.  The FSM was killed on 6 August 1971 as a result of injuries incurred in an automobile accident in Boyce, Louisiana.

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.

11.  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.  It shows that during the FSM's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and appear to have some merit. 
The FSM was awarded the BSM and the SSN shown was the temporary SSN issued to the FSM at the time of his enlistment.  Therefore, since the SSN shown was an SSN issued to the FSM, there is no basis to issue new orders and certificates.  However, award of the BSM should be added to the FSM's DD Form 214.

2.  The FSM was also awarded the Purple Heart, ARCOM, and CIB.  Accordingly, they should be added to his DD Form 214 at this time.

3.  The FSM also served during one campaign in Vietnam and thus is entitled to wear one bronze service star on his already-awarded VSM.

4.  A review of the FSM's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 4 September 1969 to 16 April 1971 and his DD Form 214 should be corrected to show this award.

5.  Additionally, the evidence of record shows the FSM's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, this unit award should be added to his DD Form 214 at this time as well.

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:

* awarding the FSM the AGCM (1st Award) for the period 4 September 1969 to 16 April 1971
* deleting award of the VSM from the FSM's DD Form 214
* adding award of the BSM, Purple Heart, ARCOM, VSM with one bronze service star, CIB, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to the FSM's DD Form 214

2.  The Board further determined 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 changing the SSN on the FSM's award of the BSM.

3.  The Board wants the applicant and all others to know the sacrifices the FSM made in service to the United States during the Vietnam War are deeply 

appreciated.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.



      _______ _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)                                         AR20110004369



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004369



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1