IN THE CASE OF:	  

		BOARD DATE:  17 January 2012

		DOCKET NUMBER:  AR20110014016 


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 10 December 1968 to show:

* his social security number (SSN) as "5XX-XX-XXXX" instead of 
"2XX-XX-XXXX"
* his entry date as 16 instead of 23 August 1966
* three awards of the Army Commendation Medal

2.  The applicant states, in effect, he was drafted and inducted into the Army of the United States on 16 August 1966 and he reenlisted for 1 year on 23 August 1966.

3.  The applicant did not provide any evidence.

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 17 August 1966.  He was discharged on 22 August 1966 for the purpose of enlistment in the Regular Army (RA).  The DD Form 214 he was issued for this period of service shows:

* he was discharged on 23 (vice 22) August 1966
* he completed 6 days of creditable active service
* his SSN as "5XX-XX-XXXX"

3.  He enlisted in the RA on 23 August 1966 for 3 years.  His DD Form 4 (Enlistment Contract) showed his service number; it did not show his SSN.  However, he completed a DD Form 398 (Statement of Personal History) in connection with this enlistment and listed his SSN as "5XX-XX-XXX."  He authenticated this form by placing his signature in the appropriate block.

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, shows his SSN as "5XX-XX-XXXX."  He reviewed this form at a later date and placed his signature in the appropriate block.  

5.  His records show he held military occupational specialty 73C (Finance Specialist).  He served in Vietnam from on or about 2 July 1967 to on or about 1 July 1968.  He was assigned to the 73rd Signal Battalion.

6.  He was honorably discharged on 10 December 1968 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows in:

* item 3 (SSN) – the entry "2XX-XX-XXXX"
* item 11d (Effective Date) – the entry "10 DEC 68"
* item 16c (Date of Entry ) – the entry "23 AUG 66"
* item 22a(1) (Statement of Service – Net Service This Period) – the entry "2  3  18" (2 years, 3 months, and 18 days)
* item 22a(2) (Statement of Service – Other Service) – the entry "0  0  6"   (6 days of prior service)
* item 22a(3) (Statement of Service – Total) – the entry "2  3  24" (2 years, 
3 months, and 24 days)
* 
item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the entry: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two Overseas Service Bars

7.  He reenlisted in the RA for 6 years on 11 December 1968.  His DD Form 4 also listed his service number; it did not list his SSN.  However, item 2 (SSN) of his DA Form 2-1 (Personnel Qualification Record) listed his SSN as 
"5XX-XX-XXXX."  He reviewed this form at a later date and placed his signature in the appropriate block.  

8.  His records contain various personnel and medical documents, including promotion, reassignment, awards, and separation orders; a security termination statement, enlisted efficiency reports, National Agency Check Request, fingerprint card, life insurance election certificate, and a record of emergency data, wherein his SSN was listed as "5XX-XX-XXXX."  He authenticated several of these documents by placing his signature in the appropriate block.

9.  General Orders Number 317, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, on 16 August 1972, awarded him the Army Commendation Medal for service from 5 February to 29 August 1972.

10.  His records do not contain official orders awarding him two more awards of the Army Commendation Medal.  Additionally, items 41 (Awards and Decorations) of his DA Form 20 and 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 do not show any awards of the Army Commendation Medal.

11.  He was honorably discharged in the rank/grade of staff sergeant/E-6 on 4 November 1975.  The DD Form 214 (Report of Separation from Active Duty) he was issued for this period shows in:

* item 3 – the entry "5XX-XX-XXXX"
* item 9d (Effective Date) – the entry "4 NOV 75"
* item 15 (Date Entered Active Duty This Period – the entry "11 DEC 68"
* item 18a (Net Active Service This Period) – the entry "6  10  24" (6 years, 10 months, and 24 days)
* item 18b (Prior Active Service) – the entry "2  3  24" (2 years, 3 months, and 24 days of prior service)
* item 18c (Total Active Service) – the entry "9  2  18" (9 years, 2 months, and 18 days)
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the entry:

* National Defense Service Medal
* Good Conduct Medal (2nd Award)
* Vietnam Service Medal
* Vietnam Campaign Medal
* two overseas service bars

12.  A review of the applicant's records reveals his entitlement to additional awards which are not shown on his DD Form 214.

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows campaign participation credit was awarded for three campaigns during the applicant's service in the Republic of Vietnam:  

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnamese Counteroffensive Phase IV, 2 April - 30 June 1968

15.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that 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.  Prior to 1 October 1979, a separate DD Form 214 was issued for each period of induction, enlistment, or reenlistment.  Additionally, at the time, depending on the version of the DD Form 214 in effect, an appropriate entry was made to account for the service covered by the DD Form 214, other and/or prior service, and total service.

17.  Army Regulation 600-8-22 (Military Awards) states 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, distinguishes 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.  An oak leaf cluster is authorized for wear for each additional award of the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed three periods of service (induction, enlistment, and reenlistment) and he was issued a separate DD Form 214 for each period of service.  Each of these forms has errors that should be corrected.

2.  With respect to his first (induction) DD Form 214, he was inducted on 17 August 1966 and he was honorably discharged on 22 August 1966 for the purpose of enlistment in the RA.  He completed 6 days of creditable active service during this period.  His DD Form 214 erroneously listed his date of discharge as 23 vice 22 August 1966.  Therefore, he is entitled to correction of this DD Form 214 to show the date of discharge in item 11d as 22 August 1966.

3.  With respect to his second (enlistment) DD Form 214:

	a.  He enlisted on 23 August 1966 and he was honorably discharged on 10 December 1968.  He completed 2 years, 3 months, and 18 days of creditable active service during this period and he was credited with the 6 days of active service he previously completed for a total of 2 years, 3 months, and 24 days.  All these entries are properly annotated on his DD Form 214. 

	b.  In connection with his enlistment, he listed his SSN with "5" as the first digit.  This SSN is consistent with the SSN listed on various personnel documents throughout this period of military service.  It appears his DD Form 214 erroneously shows a "2" instead of a "5" as the first digit of his SSN.  Therefore, he is entitled to correction of this DD Form 214 to show his correct SSN.

	c.  There are no general orders available showing he was awarded any Army Commendation Medals during this period of service.  His record is void of a formal recommendation, approval through the chain of command, or orders that show he was awarded a third Army Commendation Medal.  As with all personal decorations, an award of the Army Commendation Medal requires formal recommendations, approval through the chain of command, and announcement in orders.

4.  With respect to his third (reenlistment) DD Form 214:

	a.  He reenlisted on 11 December 1968 and he was honorably discharged on 4 November 1975.  He completed 6 years, 10 months, and 24 days of creditable active service during this period and he was credited with the 2 years, 3 months, and 24 days of active service he previously completed for a total of 9 years, 
2 months, and 18 days.  All these entries are properly annotated on his DD Form 214. 

	b.  General orders awarded him the Army Commendation Medal for service from 5 February to 29 August 1972.  This award, earned and awarded during this period of service, is not listed on his DD Form 214.  Therefore, he is entitled to correction of this DD Form 214 to show this award.

	c.  The evidence of record shows he was awarded the Vietnam Service Medal and he received campaign participation credit for three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to the Vietnam Service Medal and correction of his records as such.

	d.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown in his records.  Therefore, he is entitled to correction of his records to show this unit award. 

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:

* deleting the entry in item 11d of his DD Form 214 for the period ending
23 August 1966 and adding the entry "22 AUG 66"
* deleting the SSN from item 3 of his DD Form 214 for the period ending 10 December 1968 and adding an SSN that contains the number "5" as the first digit as it is shown on his DA Form 20
* deleting from item 26 of his DD Form 214 for the period ending 4 November 1975 the Vietnam Service Medal and adding the:

* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 changing the entry date on his DD Form 214 for the period ending 10 December 1968 and adding three awards of the Army Commendation 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)                                         AR20110014016



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ABCMR Record of Proceedings (cont)                                         AR20110014016



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