IN THE CASE OF:	  

		BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120004898 


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 the last digit of his social security number (SSN) as "4" and to show his awards of the Bronze Star Medal (BSM) and Air Medal (AM).

2.  The applicant states his DD Form 214 incorrectly reflects the last digit of his SSN as "6" instead of "4" and does not reflect his awards of the BSM and AM.

3.  The applicant provides copies of orders awarding him the BSM, AM, and Combat Infantryman Badge (CIB); his social security card; his Medicare card; his DD Form 214; and his movement orders to Vietnam.

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 enlisted in the Regular Army on 27 August 1962 for a period of 3 years.  At the time of his enlistment his SSN was recorded in his records as ending with the last digit of "4."  He completed basic training at Fort Leonard Wood, Missouri, and advanced individual training as an armor crewman at Fort Knox, Kentucky, before being transferred to Fort Carson, Colorado, for his first duty assignment on 11 January 1963.

3.  On 13 July 1963, he was transferred to Fort Benning, Georgia, to undergo airborne training.  He completed that training and was transferred to Fort Bragg, North Carolina, where he underwent and completed training as a special forces radio operator.

4.  He was transferred to Vietnam with his unit on 13 January 1965 and served with Companies C and A, 5th Special Forces Group, until he departed Vietnam on 13 August 1965.  He was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an overseas returnee that date.  He completed 2 years, 11 months, and 17 days of active service.

5.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Armed Forces Expeditionary Medal (Vietnam), Army Good Conduct Medal (1st Award), CIB, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge.  In block 32 (Remarks), his SSN was recorded as ending with the last digit of "6."

6.  Headquarters, U.S. Army Vietnam, issued General Orders Number 108 on 3 August 1965 awarding him the AM and General Orders Number 450 on 8 September 1965 awarding him the BSM.

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

8.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and were found to have merit.

2.  The applicant's SSN as recorded on his DD Form 214 is incorrect as it is not the SSN recorded in his official records.  Accordingly, it should be corrected at this time.

3.  The applicant has provided duly-authenticated orders showing he was awarded the BSM and AM.  Accordingly, they should be added to his DD Form 214 at this time.

4.  The applicant also served during qualifying periods for awards of the NDSM and Republic of Vietnam Campaign Medal with Device (1960).  Accordingly, they should be added to his DD Form 214.

5.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, it should be added to his DD Form 214 at this time.

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:

* deleting the SSN from block 32 of his DD Form 214
* adding the SSN that is shown on his social security card to block 32 of his DD Form 214
* adding the awards of the BSM, AM, NDSM, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation 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)                                         AR20120004898



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ABCMR Record of Proceedings (cont)                                         AR20120004898



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