BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005686 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "XXX-XX-XXX0" instead of "XXX-XX-XXX9."  He also requests the Purple Heart be added to his DD Form 214 and his rank be corrected to show E-5. 

2.  The applicant states:

* His correct SSN is "XXX-XX-XXX0"
* His Purple Heart is not on his DD Form 214
* At the time of his discharge he was an E-5

3.  The applicant provides:

* Award certificate and orders for the Purple Heart
* Transmittal of Award
* Social Security card
* DD Form 214

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.  His DD Form 398 (Statement of Personal History), dated 14 February 1968, shows his SSN as "XXX-XX-XXX0."  He was inducted into the Army of the United States on 14 February 1968.  He arrived in Vietnam on 20 July 1968.  He served as an armor intelligence specialist assigned to Troop B, 2nd Squadron, 1st Cavalry of the 4th Infantry Division in Vietnam from 9 August 1968 to 
17 September 1969.  

3.  Discharge orders, dated 17 September 1969, show he was released from active duty on 17 September 1969 in the rank of "SP5" [specialist five] and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He had completed 1 year, 7 months, and 4 days of creditable active duty with no time lost.

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX9."  Item 5a (Grade, Rate or Rank) shows the "SP4 (T)" [specialist four (temporary)].  Item 5b (Pay Grade) shows the entry "E-4."  Item 6 (Date of Rank) shows the entry "26 Nov 68" [26 November 1968].

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* NDSM (National Defense Service Medal)
* VCM (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)
* VSM (Vietnam Service Medal)
* CIB (Combat Infantryman Badge)
* two Overseas Service Bars
* MKM (M-14) (Marksman Marksmanship Qualification Badge with Rifle Bar (M-14))

6.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to the temporary grade of specialist four/E-4 effective 26 November 1968. 

7.  His personnel records contain his service number and several SSNs.  However, the following documents show SSN "XXX-XX-XXX0":

* DA Form 1584 Department of Defense National Agency Check Request), dated 23 February 1968
* DA Form 1341 (Allotment Authorization), dated 28 July 1968
* Finance Check List

8.  Orders, dated 14 May 1969, show he received the Army Commendation Medal with "V" Device for heroism on 7 March 1969 in Vietnam.

9.  Orders, dated 17 November 1969, show he received the Purple Heart for wounds received in action on 11 August 1969 in Vietnam.

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

11.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

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 2nd Squadron, 1st Cavalry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 by Department of the Army General Orders (DAGO) 52, dated 1971
* Republic of Vietnam Gallantry Cross with Silver Star for the period 1 June 1969 to 30 August 1970 by DAGO 24, dated 1972

13.  There are no orders showing the applicant was promoted to E-5 in the available records.  However, his military pay voucher for the period 1-31 May 1969 shows his basic pay grade as E-4 and his subsequent military pay vouchers for the periods 1-30 June 1969, 1-31 July 1969, 1-31 August 1969, and 1-17 September 1969 show his basic pay grade as E-5.  

14.  He was honorably discharged from the USAR Control Group Standby on 
1 February 1974.  His SSN is shown as "XXX-XX-XXX0" and his rank is shown as "SP5" on these orders.

15.  In support of his claim to change his SSN, He provides a copy of his social security card which shows his SSN as "XXX-XX-XXX0."

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

17.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.   

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's SSN as "XXX-XX-XXX0" at the time of his induction.  Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect this SSN.

2.  Orders show he received the Purple Heart and Army Commendation Medal with "V" Device.  His DD Form 214 should be corrected to show these medals. 

3.  He contends he was an E-5 at the time of his discharge.  Although his DD Form 214 shows his temporary rank as specialist four at the time of his separation on 17 September 1969, his military pay vouchers from 1 June 1969 through 17 September 1969 show his basic pay grade as E-5.  In addition, his discharge orders show his rank as SP5.  Therefore, his military pay vouchers which show his pay grade as E-5 are accepted as sufficient evidence on which to amend items 5a, 5b, and 6 of his DD Form 214.

4.  He was separated in the rank of specialist four with almost 19 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 14 February 1968 through 17 September 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

5.  He participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

6.  His unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Gallantry Cross with Silver Star while he was assigned to it.  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.  awarding him the first award of the Army Good Conduct Medal for the period 14 February 1968 through 17 September 1969;  

	b.  deleting the entry "XXX-XX-XXX9" from item 3 of his DD Form 214 and replacing it with the entry "XXX-XX-XXX0";  

	c.  deleting the entry from item 5a of his DD Form 214 and replacing it with the entry "SP5";

	c.  deleting the entry from item 5b of his DD Form 214 and replacing it with the entry "E-5";

	d.  deleting the entry from item 6 of his DD Form 214 and replacing it with the entry "1 June 1969"; and 

	e.  adding the Purple Heart, Army Commendation Medal with "V" Device, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Gallantry Cross with Silver Star, and four bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214.



      __________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)                                         AR20110005686





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ABCMR Record of Proceedings (cont)                                         AR20110005686



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