IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110013071 


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 Stated Report of Transfer or Discharge) to show:

* His service number (SN) as "US XX X2X XXX" vice "US XX X3X XXX"
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal

2.  The applicant states his SN is shown incorrectly on his DD Form 214 and his DD Form 214 does not show his Army Good Conduct Medal (1st Award) or Bronze Star Medal.

3.  The applicant provides his DD Form 214 and orders for the Army Good Conduct Medal (1st Award) and the Bronze Star Medal.

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.  In conjunction with his induction into the Army of the United States (AUS), a DD Form 47 (Record of Induction) was completed on 22 November 1966 wherein his SN is listed as "US XX X2X XXX."

3.  The applicant's record shows he was inducted into the AUS on 28 April 1967 and he held military occupation specialty 11C (Indirect Fire Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SN as "US XX X2X XXX."  It also shows he served in Vietnam while assigned as follows:

* Mortar Platoon, 2nd Battalion, 28th Infantry from 4 October through 9 November 1967
* Headquarters and Headquarters Battery (HHB), 1st Infantry Division Artillery from 10 November 1967 through 26 March 1968
* Mortar Platoon, 1st Battalion, 16th Infantry from 27 March to
19 September 1968

5.  A DA Form 3027 (U.S. Army Request for National Agency Check), dated 2 May 1967, shows his SN as "US XX X2X XXX."

6.  His record contains many personnel, medical, and legal documents that show his SN as "US XX X2X XXX."

7.  Special Orders Number 160, issued by Headquarters, U.S. Army Training Center, Fort Bragg, NC, dated 9 June 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  General Orders Number 5671, issued by Headquarters, 1st Infantry Division, dated 19 June 1968, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in Vietnam for the period 16 April to 3 May 1968.

9.  General Orders Number 9479, issued by the same headquarters, dated
5 September 1968, awarded him the Bronze Star Medal for meritorious service for the period September 1967 through September 1968.


10.  General Orders Number 24, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, dated 4 April 1969, awarded him the Army Good Conduct Medal (1st Award) for the period 28 April 1967 to date of separation on or about (DOSOA) 26 April 1969.

11.  He was honorably released from active duty on 25 April 1969 at the expiration of his term of service.  He completed 1 year, 11 months, and 28 days of total active service.  Item 2 (SN) of the DD Form 214 he was issued shows his SN as "US XX X3X XXX."

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

* National Defense Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal

13.  A review of his record indicates entitlement to additional awards.

14.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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 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)

15.  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 award of the:

* Meritorious Unit Commendation for the period 22 February 1967 through 16 February 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

16.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that in conjunction with his induction into the AUS the applicant was assigned an SN a "US XX X2X XXX."  This SN was used when his DA Form 20 was created and throughout his period of service.  It appears a typographical error was made when his DD Form 214 was prepared with his SN as "US XX X3X XXX."  Therefore, he is entitled to correction of his DD Form 214 to show his correct SN.

2.  Orders awarded him the Bronze Star Medal, Army Commendation Medal (1st Oak Leaf Cluster), Army Good Conduct Medal (1st Award), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  General orders cited his units in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 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 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.  deleting from item 2 of his DD Form 214 the current entry and replacing it with the service number as shown on his DD Form 47,

	b.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal, and

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

* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



      _____________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)                                         AR20110013071



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ABCMR Record of Proceedings (cont)                                         AR20110013071



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