IN THE CASE OF:	  

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010221 


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 Social Security Number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show "9";

	b.  his date of entry be corrected to show 1967 instead of 1962; and

	c.  a second Bronze Star Medal (BSM) be added to his DD Form 214. 

2.  The applicant states: 

* His SSN is not correct
* He served from 19 July 1967 to 21 March 1969
* He was awarded a second award of the BSM while serving in Vietnam but only one award is listed 

3.  The applicant provides:

* Letter, dated 9 April 2012, from the Social Security Administration in St. Cloud, MN which shows the last digit of his SSN is "9"
* Letter, dated 21 May 2010, from the Department of Veterans Affairs
* 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 induction record shows he was inducted into the Army of the United States on 19 July 1967.  Special orders, dated 19 July 1967, show his SSN as "xxx-xx-xxx9."  He arrived in Vietnam on 23 March 1968.  He served as a light weapons infantryman assigned to Company C, 4th Battalion, 23rd Infantry of the 25th Infantry Division in Vietnam from 1 April 1968 to 18 March 1969.  On 
21 March 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.    

3.  Item 3 (SSN) of his DD Form 214 shows the last digit of his SSN is "4."  His date of entry is shown as 19 July 1962 in item 10c (Date Inducted). 

4.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* BSM
* Good Conduct Medal
* "VIETNAM CROSS OF GAL" (correctly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation) 

5.  Orders, dated 3 January 1969, show he received the BSM with "V" Device for heroism on 22 September 1968 in Vietnam.

6.  Orders, dated 1 March 1969, show he received the BSM for meritorious service during the period March 1968 to March 1969 in Vietnam.    
7.  Records show he participated in five campaigns during his assignment in Vietnam.

8.  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 4th Battalion, 23rd Infantry was cited for award of the

* Valorous Unit Award for actions during the period 26-28 May 1968 by Department of the Army General Orders (DAGO) 43, dated 1970
* Valorous Unit Award for actions during the period 27 August to 31 October 1968 by DAGO 42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by DAGO 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 51, dated 1971

9. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will show all awards received.

10.  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.  The 1967 special orders which show the last digit of the applicant's SSN is "9" is accepted as sufficient evidence on which to amend item 3 of his DD Form 214. 

2.  His induction record which shows he was inducted on 19 July 1967 is accepted as sufficient evidence on which to amend item 10c of his DD Form 214.

3.  His DD Form 214 shows one award of the BSM but orders show he received two awards, one award for valor.  Therefore, his DD Form 214 should be corrected to the BSM (2nd Award) with "V" Device.  

4.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this award.

5.  His unit in Vietnam was cited for two awards of the Valorous Unit Award and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.
 
6.  His DD Form 214 shows one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, his unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both 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 the last digit of his SSN shown in item 3 of his DD Form 214 and replacing it with the entry "9";

	b.  deleting the entry "62" in item 10c of his DD Form 214 and replacing it with the entry "67";

	c.  deleting the entries "BRONZE STAR MEDAL" and "VIETNAM CROSS OF GAL" from his DD Form 214; and



	d.  adding the BSM (2nd Award) and with "V" Device, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Valorous Unit Award (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), 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)                                         AR20120010221





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ABCMR Record of Proceedings (cont)                                         AR20120010221



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