IN THE CASE OF:	   

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110024626 


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 "XX2-XX-XXXX" and a second award of the Bronze Star Medal.

2.  The applicant states:

* the incorrect SSN is listed on his DD Form 214
* his DD Form 214 only shows one award of the Bronze Star Medal

3.  The applicant provides:

* orders for award of the Bronze Star Medal with "V" Device and Bronze Star Medal
* social security card
* DD Form 214

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 DD Form 398 (Statement of Personal History), dated 27 May 1967, shows his SSN as "XX2-XX-XXXX."

3.  He was inducted into the Army of the United States on 19 June 1967.  He arrived in Vietnam on 26 May 1968.  He served as a wireman assigned to Headquarters and Headquarters Service Battery, 2nd Battalion (Airmobile), 19th Artillery, in Vietnam from 29 May 1968 to 7 August 1968.  He was assigned to Battery A, 2nd Battalion (Airmobile), 19th Artillery, in Vietnam from 8 August 1968 to 25 March 1969.  He was assigned to Battery C, 2nd Battalion (Airmobile), 19th Artillery, in Vietnam from 26 March 1969 to 22 May 1969.  On 23 May 1969, he was released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 5 days of creditable active service with no lost time.

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XX0-XX-XXXX."  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Air Medal

5.  He provides a copy of his social security card which shows his SSN as 
"XX2-XX-XXXX."

6.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4418, dated 10 April 1969, show he was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period May 1969 to May 1969.

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 7711, dated 17 June 1969, show he was awarded the Bronze Star Medal with "V" Device for heroism in the Republic of Vietnam on 31 January 1969.

8.  Records show he participated in four campaigns during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 19th Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Orders (DAGO) 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by DAGO 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972

11.  Department of the Army Pamphlet 672-3, paragraph 6, states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm 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.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's SSN as "XX2-XX-XXXX" at the time of his induction.  Therefore, it would be appropriate to correct his DD Form 214 to reflect this SSN.

2.  His DD Form 214 shows one award of the Bronze Star Medal.  However, orders show he received two awards of the Bronze Star Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal (2nd Award) and "V" Device.

3.  He was separated in the temporary rank of sergeant with 23 months of creditable active service with no lost time.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 19 June 1967 through 23 May 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

5.  His unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

6.  His unit was also cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT PARTIAL 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 19 June 1967 through 23 May 1969,

	b.  deleting the current SSN entry from his DD Form 214 and replacing it with the SSN shown on his social security card,

	c.  deleting the Bronze Star Medal and Vietnam Service Medal from his DD Form 214, and

	d.  adding the following awards to his DD Form 214:

* Bronze Star Medal (2nd Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam 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)                                         AR20110024626



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ABCMR Record of Proceedings (cont)                                         AR20110024626



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