IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110007901 


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 his social security number (SSN) be corrected on:

* orders awarding him the Bronze Star Medal with "V" Device
* an Army Commendation Medal Certificate (1st Oak Leaf Cluster)

Additionally, he requests the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states, in effect, that the documents show an incorrect SSN.

3.  He provides:

* his DD Form 214 for the period ending 26 December 1969
* General Orders Number 1929, Headquarters, 4th Infantry Division, Vietnam, dated 22 May 1969
* a Bronze Star Medal Certificate, dated 26 May 1969
* an Army Commendation Medal Certificate, dated 5 August 1969
* a Social Security Administration Social Security Card 
 
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 28 March 1968.  The last four of his SSN were 9119.

3.  General Orders Number 1929, Headquarters, 4th Infantry Division, Vietnam, dated 22 May 1969, show he was awarded the Bronze Star Medal with “V” Device.  The last four digits of his social security number (SSN) on the orders show "9919."

4.  The applicant provided an Army Commendation Medal Certificate, dated 5 August 1969, that shows he was awarded the Army Commendation Medal (1st Oak Leaf Cluster).  The last four digits of the SSN on the certificate are completely different.

5.  On 29 December 1969, the applicant was honorably released from active duty.  Item 3 (SSN) of his DD Form 214 shows the last four of his SSN as "9119." His DD Form 214 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  There are no general orders in the applicant's service personnel records that show he was awarded any Army Commendation Medal, 1st Oak Leaf Cluster or otherwise.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the Army Commendation Medal.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

8.  The applicant submitted his social security card that shows the last four of his SSN as "9119."

9.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), was prepared on 5 June 1999.  This form corrected the applicant’s DD Form 214 for the period ending 26 December 1969 to show award of the Bronze Star Medal with “V” Device.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his Bronze Star Medal orders and his Army Commendation Medal Certificate be corrected to show his correct SSN, and he requests his DD Form 214 be corrected to show the Army Commendation Medal (1st Oak Leaf Cluster).

2.  The applicant's Bronze Star Medal orders show the last four of his SSN as "9919."  This should be corrected to show "9119."

3.  The applicant only provided a certificate that shows he was awarded the Army Commendation Medal (1st Oak Leaf Cluster).  There are no orders in the available records that verify the approving authority awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster).  Further, the SSN on the certificate is different from his actual SSN.  There is no evidence to support correcting this certificate or adding the Army Commendation Medal to his         DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that General Orders Number 1929, Headquarters, 4th Infantry Division, dated 22 May 1969 pertaining to the individual concerned be amended to show the last four digits of his SSN as “9119.”

2.  The Board further determined that 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 correcting the SSN on an Army Commendation Medal Certificate or adding the award to 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)                                         AR20110007901





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ABCMR Record of Proceedings (cont)                                         AR20110007901



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