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ARMY | BCMR | CY2012 | 20120007450
Original file (20120007450.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  25 OCTOBER 2012

		DOCKET NUMBER:  AR20120007450 


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 the following items on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Item 3 – Social Security Number (SSN)
* Item 8 – Place of Birth
* Item 24 –  Decorations, Medal, Badges Commendations Citations and Campaign Ribbons Awarded or Authorized  – to show award of the Combat Infantryman Badge and all other authorized awards

2.  The applicant states he believes typographical errors were made on his 
DD Form 214.

3.  The applicant provides his social security card and his 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 was inducted into the Army of the United States on
4 September 1968.  He completed training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).

3.  The applicant arrived in Vietnam on 5 February 1969 and was assigned to Battery C, 6th Battalion, 11th Artillery.  He participated in the following four campaigns:

* Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969 
* Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970

4.  The applicant departed Vietnam en-route to the United States on 7 April 1970 and he was honorably released from active duty as an overseas returnee that date.  Item 3 of his DD Form 214 shows "3" as the first digit of his SSN.  Item 8 shows Susanville, “CS” as his place of birth.  Item 24 shows the following awards:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two overseas service bars

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.

6.  The applicant provides his social security card which shows a "5" as the first digit of his SSN.  Both numbers "3" and "5" are shown as the first digit of his SSN on documents contained throughout his military record.  Documents contained in his record also show his place of birth as Susanville, CA.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	c.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting evidence has been considered.


2.  It appears the applicant used SSN with the first digit as either "3" or "5" throughout his period of service.  However, his social security card confirms the first digit of his SSN is "5."  Therefore, he is entitled to correction of his
DD Form 214 to show his correct SSN.

3.  There is no evidence in the available records to show the applicant was awarded or entitled to award of the Combat Infantryman Badge.  The available evidence does not show the applicant held an infantry MOS and served in an infantry unit of regimental size or smaller while in active ground combat.  Therefore, the available evidence is insufficient to show he met the criteria for award of the CIB.

4.  The applicant is authorized the following awards and they should be added to his DD Form 214:

* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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:

   a.  amending his DD Form 214 to show the first digit of his SSN as "5" as shown on his social security card;

	b.  amending item 8 of his DD Form 214 to show his place of birth as Susanville, CA;

	c.  awarding him the Army Good Conduct Medal (First Award) for the period 
4 September 1968 through 7 April 1970; and

	d.  amending his DD Form 214 by adding award of the Army Good Conduct Medal (First Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with four bronze service stars.

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 amending his DD Form 214 to show award of the Combat Infantryman Badge.



      _______ _   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)                                         AR20120007450



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ABCMR Record of Proceedings (cont)                                         AR20120007450



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