IN THE CASE OF:	 

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003499 


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-x6-xxxx" instead of "xxx-x0-xxxx" and to show his award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

* He served as an infantry scout dog handler for 12 months in combat
* He received the Bronze Star Medal, Air Medal, and Vietnam Service Medal and campaign medals
* Most combat infantryman are awarded the CIB before the Bronze Star Medal
* He is applying for veterans benefits for the first time

3.  The applicant provides:

* 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 7 March 1968, shows his SSN as "xxx-x6-xxxx."  He was inducted into the Army of the United States on 7 March 1968.  He arrived in Vietnam on 5 December 1968.  He served as a dog handler assigned to the 34th Infantry Platoon, 1st Air Cavalry Division in Vietnam from 29 December 1968 to 2 December 1969.

3.  On 4 December 1969, he was released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

* item 3 (SSN) the entry "xxx-x0-xxxx"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

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

4.  Special Orders Number 150, issued by Headquarters, 1st Air Cavalry Division, dated 30 May 1969, awarded the applicant the CIB.

5.  He provides a copy of his Social Security card which shows his SSN as
"xxx-x6-xxxx."

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

7.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 34th Infantry Platoon was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972 by Department of the Army General Orders (DAGO) Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains a DD Form 398 he completed during his induction processing that shows the same SSN as shown on his Social Security card.  It appears an administrative error occurred during the processing of his DD Form 214.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct SSN.

2.  Special orders awarded the applicant the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He participated in four campaigns during service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 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.  deleting from item 3 of his DD Form 214 the current entry and replacing it with the entry as shown on his Social Security card;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

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

* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20120003499



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ABCMR Record of Proceedings (cont)                                         AR20120003499



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