IN THE CASE OF:
BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120018016
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:
a. his social security number (SSN) as "XXX-XX-0157" and
b. award of the Bronze Star Medal (BSM).
2. The applicant states:
* he just discovered his SSN is incorrect on his DD Form 214
* his correct SSN is "XXX-XX-0157," not "XXX-XX-0151"
* the BSM was never added to his DD Form 214
3. The applicant provides:
* DD Form 214
* social security card
* Silver Star Certificate and orders
* BSM Certificate, Citation, and orders
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 complete military records are not available for review. However, there were sufficient documents remaining to conduct a fair and impartial review of this case.
3. A DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450), dated 31 May 1967, and Unit Orders Number 15, U.S. Army Reserve Officers' Training Corps, Senior Division, dated 7 June 1968, show the applicant's SSN as "XXX-XX-0157."
4. His DD Form 214 shows:
* his SSN as "XXX-XX-0151"
* he was ordered to active duty from the USAR on 15 September 1968
* he served in Vietnam from 6 September 1969 to 17 June 1970
* he was released from active duty on 24 June 1970 in the rank of first lieutenant
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Silver Star
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
6. General Orders Number 3947, U.S. Military Assistance Command Vietnam, dated 23 July 1970, show he was awarded the BSM. The citation for this award shows he was assigned to Advisory Team 22, U.S. Army Advisory Group, II Corps Tactical Zone, U.S. Military Assistance Command Vietnam, from September 1969 to July 1970.
7. Records show he participated in three campaigns during his service in Vietnam.
8. He provided a copy of his social security card that shows his SSN as
"XXX-XX-0157."
9. 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.
10. Department of the Army General Orders Number 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 873 shows he recorded his SSN as "XXX-XX-0157" in 1967. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
2. General orders show he was awarded the BSM. His DD Form 214 should be corrected to show this medal.
3. He participated in three campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars. His DD Form 214 should be corrected to show this award.
4. 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 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:
a. deleting the SSN currently shown on his DD Form 214 and replacing it with the SSN shown on his DA Form 873 and
b. adding award of the BSM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars 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) AR20120018016
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120018016
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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