IN THE CASE OF:	  

		BOARD DATE:  14 June 2012

		DOCKET NUMBER:  AR20110024488 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* the Army Commendation Medal 
* his social security number (SSN) as "005-xx-xxxx" instead of
"055-xx-xxxx" 

2.  The applicant states, in effect, he has the certificate that shows he was going to receive the Army Commendation Medal but they were in such high demand he had to wait.  He requested his discharge document and when he received it his SSN was listed as "055-xx-xxxx" instead of "005-xx-xxxx."

3.  The applicant provides:

* Letter from the National Personnel Records Center
* DD Form 214
* Certificate showing award of the Army Commendation Medal
* DA Form 2139-1 (Military Pay Voucher)

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 records show he enlisted in the Regular Army on 16 February 1966.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) lists his Service Number; it does not list his SSN.

3.  His DA Form 20 (Enlisted Qualification Record) which was created upon entry on active duty showed his SSN as "005-xx-xxxx."  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block. 

4.  He completed the training requirements and he was awarded military occupational specialty 62B (Engineer Equipment Repairman).  

5.  He served in Germany from 1 October 1966 to 25 February 1967.  He also served in Vietnam from 20 April 1967 to 19 November 1968.  He was assigned to Company A, 864th Engineer Battalion.

6.  He was honorably released from active duty in the rank/grade of specialist five on 22 November 1968.  His DD Form 214 shows in:

* Item 3 (SSN), "055-xx-xxxx"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations an Campaign Ribbons Awarded or Authorized), the: 

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Vietnam Campaign Medal
* Three Overseas Service Bars

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Army Commendation Medal and his official records do not contain orders awarding him the Army Commendation Medal.

8.   A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal for him.

9.  He submitted a certificate, dated 25 November 1968, showing award of the Army Commendation Medal.  He did not submit an accompanying order.  

10.  He also submitted a Military Pay Voucher, dated October 1967, that lists his SSN as "005-xx-xxxx." 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. 

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's SSN, the applicant provides a pay document that lists his SSN as "005-xx-xxxx."  His DA Form 20 confirms this is the SSN that he used when he served in the military.  It appears the SSN that is listed on his DD Form 214 is in error.  Therefore, his DD Form 214 should be corrected to list his correct SSN.

2.  With respect to the Army Commendation Medal, the certificate he submitted was considered.  However, it is insufficient by itself to correct his DD Form 214 to show he was awarded this medal.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of official orders, there is insufficient evidence to correct his records to show this award. 



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 deleting the SSN from item 3 of his DD Form 214 and adding the SSN as it is listed on his DA Form 20.

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 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)                                         AR20110024488



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ABCMR Record of Proceedings (cont)                                         AR20110024488



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