IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20110023304 


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 social security number (SSN) as listed in his award orders and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add all earned awards.

2.  The applicant states he believes the incorrect SSN listed in his award orders is the reason for the omission of these awards from his DD Form 214.  He claims a similar injustice was done to his older brother upon his discharge.  He states our Government should be responsible to correct this without regard to the timeline.

3.  The applicant provides the following documents in support of his application:

* DD Form 214, dated 9 September 1969
* Air Medal (AM) orders, dated 15 October 1969
* Army Commendation Medal (ARCOM) with "V" Device orders, dated 22 October 1969
* ARCOM orders, dated 30 October 1969
* DA Form 1577 (Authorization for Issuance of Awards), dated 23 August 1984

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 record shows he was ordered to active duty on 13 May 1968 while serving in the Hawaii Army National Guard.  His Army National Guard enlistment documents and DA Form 20 (Enlisted Qualification Record) show he enlisted and served under SSN XXX-XX-5XXX.  His DA Form 20 shows he served in the Republic of Vietnam (RVN) from 23 May through 31 August 1969.  Item 38 (Record of Assignments) shows he was assigned to Company D, 5th Battalion, 60th Infantry Regiment, performing duties in military occupational specialty (MOS) 11B (Light Weapons Infantryman) as a rifleman during his RVN tour of duty.  Item 38 also shows he received "excellent" conduct and efficiency ratings in all of his active duty assignments.  Item 41 (Awards and Decorations) shows he was awarded or authorized the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and Expert Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant's Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

4.  The applicant's MPRJ contains the following award orders that list the applicant's SSN as XXX-XX-3XXX:

* Headquarters, II Field Force Vietnam, General Orders (GO) Number 2767, dated 15 October 1969, which awarded him the AM for meritorious achievement in the RVN during the period 1 May through 1 August 1969
* Headquarters, II Field Force Vietnam, GO Number 3034, dated 22 October 1969, which awarded him the ARCOM with "V" Device for heroism in the RVN on 25 July 1969
* Headquarters, II Field Force Vietnam, GO Number 3546, dated 30 October 1969, which awarded him the ARCOM with 2nd Oak Leaf Cluster for meritorious achievement in the RVN from 15 May through 31 August 1969
* Headquarters, 9th Infantry Division, GO Number 191, dated 10 July 1969, which awarded him the Combat Infantryman Badge (CIB)

5.  On 9 September 1969, the applicant was honorably released from active duty in the rank of specialist four/E-4 after completing 1 year, 3 months, and 27 days of active military service during the period covered by the DD Form 214 and a total of 1 year, 8 months, and 3 days of active military service.  The SSN listed in item 3 (SSN) of the DD Form 214 issued at the time lists his SSN as 
XXX-XX-5XXX.  His DD Form 214 lists the following earned or authorized awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* CIB

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was awarded for the following four campaigns for the periods indicated:
* Tet 69 Counteroffensive 1969, 23 February-8 June 1969
* Vietnam Summer-Fall 1969, 9 June-31 October 1969
7.  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.

8.  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 unit, Company D, 5th Battalion, 60th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1960-20 July 1970 in Department of the Army GO Number 59, dated 1971, and for the RVN Civil Actions Honor Medal First Class Unit Citation for the period 28 July 1969-20 July 1970 in Department of the Army GO Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted, served, and was released from active duty under the SSN XXX-XX-5XXX.  It further shows some of his award orders incorrectly listed his SSN as XXX-XX-3XXX.  While there is no evidence indicating this was the specific reason these awards were omitted from his DD Form 214, it would be appropriate to correct these orders accordingly.

2.  Further, the evidence of record confirms the applicant was awarded the AM, ARCOM with "V" Device, and ARCOM with 2nd Oak Leaf Cluster which were omitted from the awards shown on his DD Form 214 for the period ending 9 September 1969.  Therefore, it would also be appropriate to add these awards to his record and the DD Form 214 in question.

3.  The applicant's record confirms he received "excellent" conduct and efficiency ratings for his entire period of active duty service.  As a result and absent any evidence of derogatory information or a unit commander's disqualification, it would be appropriate to award the applicant the first award of the AGCM for his qualifying active duty service from 13 May 1968 through 9 September 1969 and to add this award to his record and DD Form 214 for the period ending 9 September 1969.

4.  The record further shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars with his VSM.  The record also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar that was not included on the DD Form 214.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 for the period ending 9 September 1969.
.

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.  amending the following award orders to show the applicant's SSN as 
"XXX-XX-5XXX":

* Headquarters, II Field Force Vietnam, GO Number 2767, dated 15 October 1969
* Headquarters, II Field Force Vietnam, GO Number 3034, dated 22 October 1969
* Headquarters, II Field Force Vietnam, GO Number 3546, dated 30 October 1969
* Headquarters, 9th Infantry Division, GO Number 191, dated 10 July 1969

	b.  awarding him the AGCM (1st Award) for his qualifying active duty service from 18 May 1968 through 9 September 1969; and

	c.  amending his DD Form 214 for the period ending 9 September 1969 by deleting award of the VSM, replacing it with the VSM with two bronze service stars, and adding award of the AM, ARCOM (2nd Award) with "V" Device, AGCM (1st Award), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar.



      ____________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)                                         AR20110023304



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ABCMR Record of Proceedings (cont)                                         AR20110023304



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