BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110004784 


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) and DD Form 256A (Honorable Discharge Certificate) to show his social security number (SSN) as "xxx-xx-8xxx" instead of "xxx-xx-0xxx."  He further requests correction of his DD Form 214 to show his service in the Republic of Vietnam (RVN).

2.  The applicant states these errors were typographical and unintentional. 

3.  The applicant provides copies of his DD Form 214 and DD Form 256A. 

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.  During the applicant's induction processing he completed a DD Form 398 (Statement of Personal History) that shows his SSN as "xxx-xx-8xxx."  He signed this form on 2 November 1966 certifying that the entries made by him were true, complete, and correct to the best of his knowledge and belief and were made in good faith.

3.  On 3 November 1966, he was inducted into the Army of the United States.  At the time, Soldiers were issued service numbers and did not routinely make use of their SSN.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  his SSN as xxx-xx-8xxx;

	b.  he served in the RVN from 17 September 1967 to 11 September 1968;

	c.  he was assigned to Battery C, 3rd Battalion, 6th Artillery Regiment from
21 September 1967 through 13 March 1968 as a cannoneer/assistant gunner;

	d.  he was assigned to Battery A, 8th Battalion, 4th Artillery Regiment from
14 March to 11 September 1968 as an assistant gunner; and

	e.  his awards as the:

* Vietnam Service Medal
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars

5.  Unit Orders Number 5, issued by Battery C, 3rd Battalion, 6th Artillery, dated 18 January 1968, promoted the applicant to the rank/grade of corporal (CPL)/
E-4.  These orders show his SSN as "xxx-xx-8xxx."

6.  Special Orders Number 53, issued by Headquarters, 3rd Battalion,
6th Artillery, dated 4 March 1968, reassigned the applicant to 8th Battalion,
4th Artillery.  These orders show his SSN as "xxx-xx-8xxx."

7.  On 16 September 1968, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve 


(USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 14 days of creditable active service.

8.  The applicant's DD Form 214 shows in: 

	a.  Item 3 (Social Security Number) the entry "xxx-xx-0xxx";

	b.  Item: 22C (Foreign and/or Sea Service) the entry "USARPAC  1  0  0" (Indicating service in the Pacific theater for 1 year); and

	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  On 2 November 1972, the applicant was discharged from the USAR.  His
DD Form 256A shows his SSN as "xxx-xx-0xxx."

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.

	a.  Effective 23 January 1967, this regulation provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the DA Form 20 were to be entered in Item 24.

	b.  Effectve 4 February 1972, the regulation provided that for the preparation of discharge certificates for enlisted personnel, enter the individual's name, followed by SSN, grade, and component.

	c.  Effective 23 May 1972, this regulation required Item 30 (Remarks) to show inclusive dates of service in the RVN.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)


12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the units to which the applicant was assigned was cited for the following awards:

	a.  3rd Battalion, 6th Artillery Regiment for the RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 17 April 1971 by Department of the Army General Order (DAGO) Number 54, dated 1974.

	b.  8th Battalion, 6th Artillery Regiment for the:

* Meritorious Unit Commendation for the period 1 July 1967 through     31 March 1968 by DAGO Number 42, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 and DD Form 256A should be corrected because his SSN is incorrect.  He further requests correction of his
DD Form 214 to show his service in the RVN.

2.  The evidence of record clearly shows that the applicant's SSN during his active service was "xxx-xx-8xxx"; however, his DD Form 214 was issued with an incorrect SSN of "xxx-xx-0xxx."  Therefore, his DD Form 214 should be corrected to show his correct SSN.

3.  He was honorably discharged from the USAR on 2 November 1972; however, the Honorable Discharge Certificate he was issued contains an incorrect SSN.  Therefore, he is entitled to a replacement Honorable Discharge Certificate to show his correct SSN.


4.  The evidence of record clearly shows that the applicant served in the RVN from 17 September 1967 to 11 September 1968.  Therefore, it would be equitable to show this service in the remarks section of his DD Form 214.

5.  The applicant's DD Form 214 does not reflect any Vietnam-related awards.  As a related issue, his Vietnam-related awards should be added to his DD Form 214.

6.  The applicant's record clearly shows he was awarded the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars.  Therefore, his DD form 214 should be corrected to show all of his authorized awards.

7.  Records show he also participated in four campaign periods during his service in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

8.  Additionally, the applicant was assigned to two units in the RVN who were cited for a total of one Meritorious Unit Commendation, one RVN Civil Actions Honor Medal First Class Unit Citation, and two RVN Gallantry Cross with Palm Unit Citations.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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.  deleting from Item 3 of his DD Form 214 the entry "xxx-xx-8xxx" and replacing it with the entry "xxx-xx-8xxx"

	b.  adding in Item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

	c.  adding to Item 30 of his DD Form 214 the entry "Service in the Republic of Vietnam From 670917 - 680811"; and

	d.  issuing him a replacement DD Form 256A with his correct SSN.



      _________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)                                         AR20110004784



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ABCMR Record of Proceedings (cont)                                         AR20110004784



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