BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110020187 


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 5 November 1968 (hereafter referred to as his DD Form 214) to show his Social Security Number (SSN)) as 0XX-XX-XXXX instead of 9XX-XX-XXXX and to show his Bronze Star Medal.

2.  He states the incorrect SSN reflected on his DD Form 214 is due to a typographical error and his Bronze Star Medal was awarded after his separation from active duty.

3.  He provides his:

* DD Form 214
* SSN card
* Bronze Star Medal orders and certificate  

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 enlisted in the Regular Army on 29 September 1965.  He was discharged on 30 January 1967 for the purpose of accepting a commission.  He was commissioned as a Reserve Commissioned officer and entered active duty as a second lieutenant on 31 January 1967.  At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Service Number.

3.  His records contain a DD Form 398 (Statement of Personal History) completed and signed by him on 24 January 1967.  This form and most other documents in his records containing his SSN reflect it as 9XX-XX-XXXX.

4.  His records contain U.S. Army Reserve Components Personnel and Administration Center (RCPAC) Letter Orders Number 10-1329016 and U.S. Army RCPAC letter, subject: Removal from the Inactive Standby Reserve showing his SSN as 0XX-XX-XXXX.

5.  His records contain a U.S. Army Administration Center (USAAC) Form 171 (Army Reserve Status and Address Verification) requesting his SSN be corrected to show 0XX-XX-XXXX instead of 9XX-XX-XXXX.

6.  His DA Form 66 (Officer Qualification Record) shows during his tour of duty in the Republic of Vietnam (RVN) he was assigned to:

* Battery B, 6th (Howitzer) Battalion, 15th Artillery, 1st Infantry Division, during the period 22 November 1967 to 29 February 1968
* Headquarters and Headquarters Battery, 6th (Howitzer) Battalion, 15th Artillery, 1st Infantry Division, during the period 1 March to 14 March 1968
* the U.S. Military Assistance Command, Vietnam, during the period 1 April to 31 October 1968

7.  General Orders Number 4244 published by the U.S. Military Assistance Command, Vietnam, dated 4 December 1968 awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period November 1967 to November 1968.  It is noted the second digit of his SSN on this order appears as a "9" instead of an "8."


8.  He was honorably released from active duty on 5 November 1968 in the rank of first lieutenant and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as 9XX-XX-XXXX.

9.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Silver Star 
* two Overseas Service Bars

10.  He provided a copy of his SSN card showing his SSN as 0XX-XX-XXXX.

11.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

12.  His DA Form 66 shows the Army Good Conduct Medal which is not listed on his DD Form 214.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam during the period 22 November 1967 to 31 October 1968 he participated in the following 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)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the:

* 6th Battalion, 15th Artillery, 1st Infantry Division, was awarded the:

* Meritorious Unit Commendation for the period 1 January 1968-31 January 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968


* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1967-21 November 1969

* U.S. Military Assistance Command, Vietnam, was awarded the Meritorious Unit Commendation for the period 1 September 1967-31 October 1968 

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214, his DD Form 398, and most other documents in his records containing his SSN reflect his SSN as 9XX-XX-XXXX.

2.  His SSN card and two RCPAC Letters show his SSN as 0XX-XX-XXXX.  A U.S. Army USAAC Form 171 shows a request for correction of his SSN to reflect 0XX-XX-XXXX instead of 9XX-XX-XXXX.  As such, there is a sufficient basis for correcting his DD Form 214 to show his SSN as shown on his SSN card.

3.  General orders awarded him the Bronze Star Medal.  While the second digit of his SSN on that order is not the same number as the second digit shown on his SSN card, it is reasonable to accept the orders based on the other information contained on the orders.  Therefore, he is entitled to have the Bronze Star Medal added to his DD Form 214.

4.  His DA Form 66 shows the Army Good Conduct Medal.  Therefore, he is entitled have the Army Good Conduct Medal (1st Award) added to his DD Form 214.

5.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

6.  The units to which he was assigned during his period of service in Vietnam were awarded the following awards while he was assigned to those units:

* Meritorious Unit Commendation (two units/one award each)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  In view of the foregoing, he is entitled to have his records corrected as shown 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 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 amending his DD Form 214 for the period ending 5 November 1968:

	a.  to show his SSN as 0XX-XX-XXXX as shown on his SSN card;

	b.  by deleting the Vietnam Service Medal; and

	c.  adding the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2nd Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class 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)                                         AR20110020187



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ABCMR Record of Proceedings (cont)                                         AR20110020187



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