BOARD DATE:	15 March 2012  

		DOCKET NUMBER:  AR20110018858 


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 Bronze Star Medal (BSM) certificate and citation to show his Social Security Number (SSN) as "xxx-xx-x0xx" instead of "xxx-xx-x8xx."

2.  The applicant states the SSN listed on his BSM certificate and citation are in error and should be corrected.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.

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 enlisted in the Regular Army on 4 September 1969 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The SSN listed on his DD Form 4 (Enlistment Contract - Armed Forces of the United States), DA Form 20 (Enlisted Qualification Record), and DD Form 214 in his record is listed as "xxx-xx-x0xx," the SSN he claims is correct.

4.  The applicant's DA Form 20 shows in:

* Item 38 (Record of Assignments) he served in the Republic of Vietnam (RVN) from 1 March 1971 to 4 January 1972.  During this period he was assigned to:

* Company C, 1st Battalion, 20th Infantry Regiment from 1 March through 4 October 1971
* Company C, 2nd Battalion, 502nd Infantry Regiment from 12 October through 29 December 1971
* Company A, 1st Battalion, 501st Infantry Regiment from 30 December 1971 to 4 January 1972

* Item 38 he received all “excellent” conduct and efficiency ratings at all of his active duty assignments
* Item 41 (Awards and Decorations) shows he was awarded the BSM in General Order Number 12293, issued by Headquarters, 101st Airborne Division

5.  The applicant's record contains General Orders Number 12293, issued by 
Headquarters, 101st Airborne Division, dated 18 December 1971, that awarded him the BSM for meritorious service in the RVN during the period March 1971 to April 1972.  The applicant’s standard name line in these orders lists his SSN as "xxx-xx-x8xx."

6.  The applicant's record is void of any derogatory information or a unit commander disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM).

7.  On 7 January 1972, the applicant was honorably released from active duty after completing 2 years, 4 months, and 4 days of total active service.  The DD Form 214 he was issued at the time shows in:

* Item 3 (SSN) the entry "xxx-xx-x0xx"
* 

* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal 
* Vietnam Service Medal
* Combat Infantryman Badge
* Air Medal
* BSM
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

8.  The applicant provides a certificate and citation that was prepared for the BSM he was awarded for the period March 1971 to April 1972.  These documents list his SSN as "xxx-xx-x8xx."

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the following three campaigns
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 
* Consolidation I (1 July - 30 November 1971) 
* Consolidation II (1 December 1971 - 29 March 1972 
10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his units were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971, 18 April through 31 August 1971, and


6 through 9 September 1971 by Department of the Army General Order Number 6, dated 1974

12.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his BSM certificate and citation to show his correct SSN has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant entered, served, and was released from active duty under the SSN "xxx-xx-x0xx," as evidenced by his
DD Form 4, DA Form 20, and DD Form 214 contained in his official record.  The BSM orders, certificate, and citation he was issued erroneously lists his SSN as "xxx-xx-x8xx."  Therefore, it would be appropriate to correct the applicant's BSM orders, certificate, and citation to show his correct SSN as "xxx-xx-x0xx."

3.  The evidence of record also shows the applicant received "excellent" conduct and efficiency ratings through his service.  The record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period
4 September 1969 through 7 January 1972 and to correct his DD Form 214 to show this award.

4.  The applicant participated in three campaign phases during his RVN service.  Therefore, he is entitled to three 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.

5.  His units in the RVN were cited for three awards of the RVN Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show these bronze service stars.


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.  amending his Bronze Star Medal orders, certificate, and citation to show his correct SSN as shown on his DD Form 4 and DD Form 214;

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
4 September 1969 through 7 January 1972; and

	d.  adding to Item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3rd Award)



      __________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)                                         AR20110018858



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ABCMR Record of Proceedings (cont)                                         AR20110018858



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