BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110010181 


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 the following corrections on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

	a.  Item 3 (Social Security Number (SSN)) by correcting the first digit of his SSN from "2" to "3";

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to list the Gallantry Cross with Bronze Star awarded by South Vietnam; and 
   
   c.  Item 30 (Remarks) to show his Vietnam service dates.

2.  He states, in effect, that his DD Form 214 contains typographical errors.  In December 1967 or January 1968 he was advised that he would be awarded the Gallantry Cross with Bronze Star for actions while serving as a medic with Company B, 3rd Battalion, 12th Infantry, 4th Infantry Division.  Sometime after this he was transferred to the 9th Infantry Division as they had a shortage of medics.  He has no evidence to support this other than what Lieutenant Colonel HXXXXXX told him.  He is filing a claim and needs his DD Form 214 to be corrected and he wants the proper information listed.  

3.  He provides:

* DD Form 214

* Social Security Card
* Letter from the Social Security Administration

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’s military records show he was inducted into the Army of the United States on 7 September 1966.  At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Service Number, which began with the prefix “US” to indicate he was an inductee.

3.  He completed training and was awarded military occupational specialty 91A (Medical Aidman).  He served in Vietnam from 6 August 1967 through 5 August 1968 during five campaigns.  He was assigned to:

* Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry, 4th Infantry Division, from 18 August 1967 to 8 March 1968
* Headquarters and Headquarters Company, 2nd Battalion, 60th Infantry, 9th Infantry Division, from 22 March 1968 to 28 July 1968

4.  General Orders Number 50 issued by Headquarters, 4th Infantry Division, on 3 January 1968, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 3 November 1967.

5.  On 24 August 1968, he was issued a letter authorizing him the Republic of Vietnam Gallantry Cross with Bronze Star by the Government of the Republic of Vietnam.

6.  Item 1 (Name (Last, first, middle initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) lists his SSN as "3XX-XX-XXXX."  Item 9 (SSN) of his DA Form 41 (Record of Emergency Data), dated 10 August 1967, lists the entry "3XX-XX-XXXX."

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence that any disciplinary action was taken against him during his period of active service.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

8.  Item 41 (Awards and Decorations) of his DA Form 20 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Medical Badge (1st Award)
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)  

9.  He was honorably released from active duty in pay grade of E-5 on 1 August 1968, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 10 months, and 25 days of net active service and no time lost.

10.  Item 3 of his DD Form 214 list his SSN as "2XX-XX-XXXX."

11.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 credits him with 11 months and 26 days of service.  

12.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Combat Medical Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device 1960

13.  Item 30 (Remarks) contains no entry for his service dates in Vietnam.

14.  He provided a copy of his Social Security Card which lists his SSN as
"3XX-XX-XXXX."  He also provided a copy of a letter from the Social Security Administration which verified his SSN as 3XX-XX-XXXX.  

15.  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.  The regulation established standardized policy for the preparation of the DD Form 214.  At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.

16.  Army Regulation 635-5 also stated:

* Item 22c lists the total active duty outside continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. USARPAC
* Item 30 lists the inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea; the entry would state for Vietnam service only, "Vietnam – the dates, Indochina-Yes, Korea-no"

17.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.     

19.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, Headquarters and Headquarters Company, 4th Infantry Division, was cited for:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 - 28 July 1969 by Department of Army General Orders Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 - 31 October 1969 by Department of Army General Orders Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was inducted into the Army of the United States with the SSN of "3XX-XX-XXXX."  It appears a typographical error occurred when his DD Form 214 was prepared. Therefore, it would be appropriate to correct Item 3 on his DD Form 214 to show the first digit of his SSN as "3".

2.  The evidence of record also shows he served in Vietnam from 6 August 1967 through 5 August 1968.  As a matter of equity, he is entitled to correction Item 30 on his DD Form 214 to show the entry "Vietnam Service:  6 August 1967-5 August 1968."

3.  On 24 August 1968, he was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star by the Government of the Republic of Vietnam.  Therefore, he is also entitled to its addition on his DD Form 214.

4.  The available evidence appears to show he met the criteria for award of the Army Good Conduct Medal (1st Award).  He received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence that any disciplinary action was taken against him during his period of active service and no evidence that his commander disqualified him for the medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 7 September 1966 through 1 August 1968 and correction of his DD Form 214 to show this medal.

5.  The evidence of record further confirms he was awarded the Army Commendation Medal with "V" Device, Vietnam Service Medal, and Sharpshooter Marksmanship Badge with Rifle Bar (M-14). These awards are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

6.  The evidence also confirms he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to award of five bronzes service stars to be affixed to his already-awarded Vietnam Service Medal.
7.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation for his period of service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

8.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

___x_____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  correcting item 3 of his DD Form 214 to reflect his social security number as shown on his social security card;

   b.  adding to Item 30 on his DD Form 214 the entry "Vietnam Service - 6 August 1967-5 August 1968, Indochina-Yes, Korea-No;"

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 September 1966 through 1 August 1968; 

	d.  deleting from Item 24 on his DD Form 214 the Army Commendation Medal; and 

	e.  adding the following awards to Item 24 on his DD Form 214:

* Republic of Vietnam Gallantry Cross with Bronze Star
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with five bronze service stars

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   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)                                         AR20110010181



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ABCMR Record of Proceedings (cont)                                         AR20110010181



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