IN THE CASE OF:	  

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110021228 


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) to show:

* his social security number (SSN) as "xxx-7x-xxxx" rather than
"xxx-9x-xxxx"
* award of the following:

*	Purple Heart
*	Army Good Conduct Medal
*	unit Silver Star (properly known as the Valorous Unit Award)
*	Bronze Star Medal
 
2.  The applicant states, in effect, the erroneous SSN and omission of the above awards and decorations were the result of a clerical error.

3.  The applicant provides a copy of his Social Security Card. 

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 14 October 1966.  He completed training and was awarded military occupational specialties 11B (Light Weapons Infantryman) and 05B (Radio Operator).  The highest rank/grade he attained while on active duty was sergeant/E-5.

3.  The applicant's serial number was predominantly used throughout his period of service.  Multiple documents in his record show SSN "xxx-9x-xxxx."  However, SSN "xxx-7x-xxxx" is shown on the following documents in his record:

* DD Form 398 (Statement of Personal History)
* Special Order Number 98, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, APO San Francisco, dated 11 April 1969
* DA Form 428 (Application for Identification Card)
* DA Form 3078 (Personal Clothing Request)
* Special Order Number 260 (Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 17 September 1969

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

a. Item 1 (Name and Service Numbers) shows both his service number and his SSN as "xxx-9x-xxxx."

   b. Item 31 (Foreign Service) shows "USARPAC" U.S. Army Pacific, Vietnam, from 23 September 1968 through 22 September 1969.

   c. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, Detachment (A-502), 5th Special Forces Group (Airborne), 1st Special Forces while in the Republic of Vietnam.

   d. Item 38 also shows he received all excellent conduct and efficiency ratings except for a rating of "G (A)" (good-academically) while he was in training with the Special Forces Group at Fort Bragg, NC.

   e. Item 40 (Wounds) contains no entries.

   f. Item 41 (Awards and Decorations) does not show award of the Purple Heart, Army Good Conduct Medal, Valorous Unit Award, or the Bronze Star Medal.

5.  The applicant's DD Form 214 shows the following:

a. Item 3 (SSN) shows "xxx-9x-xxxx."

   b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart, Army Good Conduct Medal, Valorous Unit Award, or the Bronze Star Medal, and it shows no bronze service stars for wear with his Vietnam Service Medal. 

6.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of Department of the Army General Orders (DAGO) issued during the Vietnam era between 1965 and 1973, maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or Bronze Star Medal pertaining to the applicant.

7.  There is no evidence in the available records showing he was awarded the Purple Heart, Army Good Conduct or Bronze Star Medal.

8.  There is no evidence in the available record showing he sustained any injuries or was treated for wounds sustained as a result of hostile action.  Additionally, his name does not appear on the Vietnam casualty listing.

9.  There is also no evidence of any derogatory information pertaining to the applicant or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

10.  The applicant provides a copy of his Social Security Card which shows his SSN as "xxx-7x-xxxx."

11.  A review of the available records indicates entitlement to additional awards and decorations which are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

13.  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; for 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 and no convictions by a court-martial.  

14.  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 four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June to 31 October 1969)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This regulation shows the units to which the applicant was assigned while serving in the Republic of Vietnam were cited for award of the:

* Meritorious Unit Commendation for the period 31 January through 31 December 1968 by DAGO Number 70, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1964 through 17 February 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 through 24 September 1970 by DAGO Number 48, dated 1971

16.  Army Regulation 600-8-22 states the Valorous Unit Award may be awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict 
against an opposing armed force in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

17.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

18.  U.S. Army Vietnam Regulation 672-1 governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  The evidence of record shows both the SSN that is listed on his Social Security Card (the requested SSN) and the SSN that is listed on his DD 214 were used during his period of active service.  However, his DD Form 398 which was one of the first documents that was completed at the time of enlistment and various other documents that were prepared throughout his period of service show the SSN that is listed on his Social Security Card.  Therefore, the available evidence is sufficient to correct his DD Form 214 to show the SSN that is listed on his Social Security Card.

3.  He received all "excellent" conduct and efficiency ratings (except for one academic "good" rating) during his period of service.  He was not the subject of any disciplinary action, and there is no record of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

4.  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 four bronze service stars for wear on the previously-awarded Vietnam Service Medal.

5.  He was assigned to a unit in Vietnam during a period which the unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.  

6.  His unit was not awarded the Valorous Unit Award, so he is not entitled to this award.

7.  There is no evidence of record showing he sustained an injury or that he received treatment for an injury as a result of hostile action.  Neither has the applicant provided any evidence to support an award of the Purple Heart in accordance with the applicable criteria.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

8.  The evidence of record does not show he was recommended for award of the Bronze Star Medal or that an appropriate authority approved a recommendation or announced the award in orders.  Accordingly, he is not entitled to correction of his DD Form 214 to show this award.

9.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  _____x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

a. awarding him the Army Good Conduct Medal (1st Award) for the period 
14 October 1966 to 17 September 1969;

   b. deleting the SSN entry from item 3 of his DD Form 214 and adding the SSN that is listed on his Social Security Card; and

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

*	Army Good Conduct Medal (1st Award)
*	four bronze service stars to be worn on his previously-awarded Vietnam Service Medal
*	Meritorious Unit Commendation
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that 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 award of the Purple Heart, Valorous Unit Award, and Bronze Star 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)                                         AR20110021228



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021228



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1