IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120010013 


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:

   a.  the last digit of his service number (SN) be corrected on his general orders, award certificate, and citation for the Bronze Star Medal (BSM); and
   
   b.  the BSM be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* The last digit of his SN is "8" not "3"
* He received the BSM orders, award certificate, and citation after his separation
* While undergoing medical treatment at the Department of Veterans Affairs, he was told his BSM was a fake because the last digit of his SN was wrong
* His DD Form 214 doesn't reflect the BSM 

3.  The applicant provides:

* DD Form 214
* BSM orders, award certificate, and citation
* Various forms of identification


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.  He was inducted into the Army of the United States on 16 November 1966.  His induction record shows his SN as "USxxxxxxx8."  

3.  He arrived in Vietnam on 26 November 1967 and was assigned to Battery A, 3rd Battalion, 16th Artillery in Vietnam from 1 December 1967 to 4 November 1968.  He was released from active duty on 7 November 1968 in the temporary rank of sergeant after completing 1 year, 11 months, and 22 days of creditable service with no time lost.

4.  Item 2 (SN) of his DD Form 214 shows the entry "USxxxxxxx8."  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  All of his service personnel records show SN "USxxxxxxx8."

6.  Headquarters, Americal Division General Orders Number 8926, dated 
19 November 1968, show he received the BSM.  His SN is shown as "USxxxxxxx3."  His BSM award certificate and citation also show his SN as "USxxxxxxx3." 

7.  Records show he participated in five campaigns during his assignment in Vietnam. 


8.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  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.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  He contends his SN is incorrectly shown as "USxxxxxxx3" on his BSM orders, award certificate, and citation.  Evidence of record shows the last digit of his SN is "8."  Therefore, it would be appropriate to correct his SN on his BSM orders, award certificate, and citation.  

2.  Orders show he received the BSM.  His DD Form 214 should be corrected to show this medal. 

3.  He was honorably released from active duty in the temporary rank of sergeant with nearly 2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 16 November 1966 through 7 November 1968 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 five campaigns during his assignment in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 Headquarters, Americal Division General Orders Number 8926, dated 19 November 1968, his BSM award certificate, and BSM citation to show the last digit of his SN as "8"; 
   
   b.  awarding him the first award of the Army Good Conduct Medal for the period 16 November 1966 through 7 November 1968; and 
   
   
   
   
   c.  adding the BSM, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star 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)                                         AR20120010013





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010013



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1