BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120018055 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct Social Security Number (SSN) and that he was authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states his SSN begins with 187 not 107.  He served in Vietnam for 1 year and 20 days but some of his authorized awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214, his SSN card, and his Medicare Card.

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 23 September 1963, completed training, and was initially awarded military occupational specialty (MOS) 63A (Automotive Repairman) and later awarded MOS 94B (Cook), in June 1964.

3.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  item 31 (Foreign Service), service in Vietnam from 7 June 1965 through 26 June 1966;

	b.  item 38 (Record of Assignments), he was assigned to Company B, 41st Signal Battalion from 7 June 1965 through 23 February 1966 and Company A, 69th Signal Battalion from 24 February 1966 through 23 June 1966; and 

	c.  item 41 (Awards and Decorations), lists his awards as the Armed Forces Expeditionary Medal, Good Conduct Medal, National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was honorably released from active duty on 27 June 1966 after having served 2 years, 9 months, and 5 days honorable service.  His DD Form 214 lists his awards as the Vietnam Service Medal, Good Conduct Medal (1st Award), and the National Defense Service Medal.  His SSN is shown in item 32 (Remarks), as starting with 107.

5.  During the period the applicant was on active duty, a Soldier's primary identification number was the Army Service Number, not the SSN.  The applicant's SSN is recorded only on the DD Form 214 and on the USAAC Form 170 (Army Reserve Personnel Data Review).  The DD Form 214 and first version of the USAAC Form 170 show his SSN as starting with 107.  The USAAC Form 170 was corrected in March 1967 to show his correct SSN as starting with 187.

6.  The applicant's SSN card and Medicare card show his SSN as starting with 187.

7.  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 document shows that while the applicant was assigned to the 41st Signal Battalion, it was cited for award of the Meritorious Unit Commendation; and while assigned to the 69th Signal Battalion, it was cited for award of the Meritorious Unit Commendation.  

8.  Department of the Army General Orders Number 8, dated 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service for the same period.

	b.  The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.  

   c.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, he participated during the following two campaign periods: the Vietnam Defense Campaign, 8 March 1965 - 24 December 1965; and the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966.

	d.  The RVN 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SSN was corrected in March 1967.  Although the correction was made nearly a year after his separation from the Army, it would now be appropriate to correct item 32 of his DD Form 214 to list his SSN as shown on his SSN card.  
2.  The applicant served in Vietnam during the period the award of the Armed Forces Expeditionary Medal was being transitioned out and the Vietnam Service Medal was replacing it to recognize service in Vietnam.  It appears the applicant's award of the Armed Forces Expeditionary Medal was converted to the Vietnam Service Medal prior to his release from active duty.

3.  He served in Vietnam during two campaign periods.  With his award of the Vietnam Service Medal, he is entitled to wear two bronze service stars on this medal.  It is appropriate to show his already-awarded Vietnam Service Medal with two bronze service stars.

4.  The applicant was authorized the Meritorious Unit Commendation for both units he served with in Vietnam.  His records do not reflect either of these awards.  It is appropriate to correct his DD Form 214 to show he was authorized the Meritorious Unit Commendation (2nd Award).

5.  The applicant served during the authorized period for award of the RVN Campaign Medal with Device (1960).  It is appropriate to include this award on his DD Form 214.

6.  The applicant was released from active duty before the award of the RVN Gallantry Cross with Palm Unit Citation was authorized for his units; therefore, it is not reflected in his records.  It is appropriate to correct the records to show this award and add it to his DD Form 214.

7.  The applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214.  It is appropriate to correct the record to include this award on his DD Form 214.

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 correcting the applicant's DD Form 214 as follows:

	a.  listing his SSN as shown on his SSN and Medicare cards; 

	b.  deleting the Vietnam Service Medal; and 

	c.  adding the following awards:

* Vietnam Service Medal with two bronze service stars 
* Meritorious Unit Commendation (2nd Award)
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar



      _______ _   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)                                         AR20120018055





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120018055



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1