IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20110024783
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 the Army Commendation Medal (ARCOM) and Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 September 1969. He also requests his social security number (SSN) be corrected on his ARCOM orders, citation, and award certificate.
2. The applicant states:
* There is no record of his ARCOM or BSM
* His ARCOM documentation does not show his correct SSN
"XXX-XX-X332"
3. The applicant provides:
* Citations and award certificates for the ARCOM and BSM
* DD Form 214 for the period ending 16 September 1969
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 applicants 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 applicants 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) shows SSN "XXX-XX-X332." He was ordered to active duty from the Army National Guard on 13 May 1968 for a period of 2 years. He arrived in Vietnam on 16 September 1968. He served as a gunner assigned to Battery B, 3rd Battalion, 197th Artillery in Vietnam from 16 September 1968 to 27 May 1969. He was assigned to Battery A, 6th Battalion, 15th Artillery in Vietnam from 28 May 1969 to
4 September 1969. On 16 September 1969, he was honorably released from active duty and transferred to the Army National Guard.
3. His DD Form 214 shows SSN "XXX-XX-X332." His DD Form 214 also shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
4. Orders, dated 2 August 1969, show he received the ARCOM. The orders, citation, and award certificate for this award show SSN "XXX-XX-X986."
5. Orders, dated 7 August 1969, show he received the BSM.
6. Records show he participated in four campaigns during his assignment in Vietnam.
7. 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 3rd Battalion, 197th Artillery, was cited for award of the:
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 August 1968 to 31 July 1969 by Department of the Army General Orders (DAGO) 51, dated 1971
8. Department of the Army Pamphlet 672-3 shows the 6th Battalion, 15th Artillery, was cited for award of the:
* Meritorious Unit Commendation for actions during the period 1 January 1968 to 31 January 1969 by DAGO 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO
21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 March 1967 to 21 November 1969 by DAGO 51, dated 1971
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the ARCOM and BSM. His DD Form 214 for the period ending 16 September 1969 should be corrected to show these awards.
2. The evidence of record supports the applicant's contention his SSN is incorrect on his ARCOM orders, citation, and award certificate. Evidence shows his SSN as "XXX-XX-X332." Therefore, it would be appropriate to correct the SSN on his ARCOM orders, citation, and award certificate to reflect this SSN.
3. 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 for the period ending 16 September 1969 should be corrected to show this award.
4. His Vietnam units were cited for one award of the Meritorious Unit Commendation, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them. His DD Form 214 for the period ending 16 September 1969 should be corrected to show these unit awards.
BOARD VOTE:
___X____ ___X__ _ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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:
a. amending the SSN on his ARCOM orders, citation, and award certificate to reflect the SSN as shown on his DD Form 214; and
b. adding the ARCOM, BSM, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his
DD Form 214.
__________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) AR20110024783
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ABCMR Record of Proceedings (cont) AR20110024783
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