IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005559 


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) for the period ending 13 August 1968 to show his:

* social security number as "XXX-XX-XXX3" instead of "XXX-XX-XXX2"
* his birth year as "47" instead of "67"
* award of the "Vietnam Expeditionary Medal"
* Vietnam service

2.  The applicant states the errors on his DD Form 214 are affecting his ability to obtain veterans' benefits.

3.  The applicant provides the following documents:

* DD Form 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* self-authored statements
* Social Security Administration letter
* social security card
* driver's license
* birth certificates
* separation letter orders
* DA Form 20 (Enlisted Qualification Record)

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 13 October 1966.  The primary identification number used at the time was the Army service number which is listed on his DA Form 3027 (U.S. Army Request for National Agency Check).

3.  Item 4 (Social Security Number) of his DA Form 3027, dated 13 October 1966, shows his social security number as "XXX-XX-XXX3."

4.  Item 5 (Day, Month, Year of Birth) of his DA Form 3027 shows his birth year as "47."

5.  Item 6 (Date of Birth) of his DA Form 20 shows his birth year as "47."

6.  His DA Form 20 shows he served in the Republic of Vietnam during the period 19 August 1967 to on or about 11 August 1968 and was assigned to Battery B, 7th Battalion, 11th Artillery, 25th Infantry Division.

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, two overseas service bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  The applicant was honorably released from active duty on 13 August 1968.

10.  Item 9 (Date of Birth) of his DD Form 214 shows his birth year as "67."

11.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 11 months and 24 days of foreign service.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the National Defense Service Medal.

13.  Item 4 (Date of Birth) of his NGB Form 22 for the period ending 18 January 1979 shows his birth year as "47."

14.  He provides copies of his social security card, NGB Form 22, Letter Orders Number 09-1352831, and a letter issued by the Social Security Administration, all showing his social security number as "XXX-XX-XXX3."

15.  He provides a copy of his birth certificate, social security card, driver's license, NGB Form 22, and a letter from the Social Security Administration, all showing his birth year as "47."

16.  A review of the applicant's records shows he is entitled to additional awards.

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

18.  Army Regulation 600-8-22 (Military Awards) contains guidance for 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 participation credit was awarded for the Vietnam Counteroffensive Phase III Campaign (1 June 1967 to 29 January 1968).  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.



19.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.

20.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 to 21 January 1970 by Department of the Army General Orders Number 51, dated 1971.

21.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation in effect at the time of the applicant's release from active duty stipulated that item 22c would reflect the total active duty service outside the continental United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.

22.  Army Regulation 635-5 states the complete name and social security number of the separating service member will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his social security number as "XXX-XX-XXX3," his birth year as "47," award of the Armed Forces Expeditionary Medal, and Vietnam service was carefully considered and determined to have partial merit.

2.  The evidence from the U.S. Social Security Administration and his records show his social security number as "XXX-XX-XXX3."  Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as 
"XXX-XX-XXX3."

3.  The evidence from his records and his birth certificate show his birth year as "47."  Therefore, he is entitled to have his DD Form 214 corrected to show his birth year as "47."

4.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 13 October 1966 to 13 August 1968 and is thereby entitled to correction of his records to show this award.

5.  The evidence shows the applicant completed a qualifying period of service for award of the Vietnam Service Medal with one bronze service star.  Therefore, he is entitled to have his DD Form 214 corrected to show this medal.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

7.  The evidence shows the applicant served in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show service in the Republic of Vietnam during the period 19 August 1967 to on or about 11 August 1968.

8.  Although the applicant served in the Republic of Vietnam, there is no evidence that he served a qualifying period for award of the Armed Forces Expeditionary Medal.  Therefore, there is no basis to grant this request.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 13 October 1966 to 13 August 1968,

	b.  amending his DD Form 214 to show:

* his social security number as "XXX-XX-XXX3"
* his birth year as "47"

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* 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

	d.  adding to item 30 of his DD Form 214 the statement "VIETNAM SERVICE FROM 19 AUGUST 1967-11 AUGUST 1968."

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 award of the Armed Forces Expeditionary 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)                                         AR20110005559



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ABCMR Record of Proceedings (cont)                                         AR20110005559



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