BOARD DATE:	  7 May 2013

		DOCKET NUMBER:  AR20120018406 


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:

* his social security number (SSN) with the last digit as "2" vice "8"
* the dates of his foreign service in Vietnam

2.  The applicant states his SSN is typed wrong on his DD Form 214 and he needs his Vietnam service dates listed on this form to prove he served in Vietnam.

3.  The applicant provides his DD Form 214, his driver license, a certificate, a letter, and his social security 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's records show he was inducted into the Army of the United States on 6 April 1966 and he held military occupational specialty 71N.

3.  His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his SSN with the last digit as "2."  He authenticated this form by placing his signature in the appropriate block on 11 April 1966 and on 28 March 1968. 

4.  He served in Vietnam while assigned as follows:

* 10 September 1966 - 4 April 1967, 264th Transportation Company
* 5 April - 7 September 1967, 123rd Transportation Company

5.  On 17 October 1967, he was assigned to the 4th Battalion, 37th Armor, Fort Knox, KY.

6.  His record contains several orders, personnel documents, and legal files that show only his service number and not his SSN.  

7.  Special Orders Number 69, dated 1 April 1968, issued by Headquarters (HQ), U.S. Army Armor Center, Fort Knox, KY, released him from active duty effective 10 April 1968.  These orders show his SSN with the last digit as "2."

8.  He was honorably released from active duty on 10 April 1968 and he was transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service with 5 days of lost time.

9.  The DD Form 214 he was issued shows in:

* item 3 (SSN) the last digit of his SSN as "8"
* item 22c (Foreign and/or Sea Service) that he completed 11 months and 28 days of foreign service in the U.S. Army Pacific (USARPAC)
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and a letter of commendation




10.  Item 41 (Awards and Decorations) of his DA Form 20 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)

11.  The applicant provides his social security card that shows he has the SSN that is shown on his DA Form 20 with the last digit as "2."

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

13.  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:

	a.  The 264th Transportation Company was cited for award of the Meritorious Unit Commendation for the period 15 September 1966 through 30 June 1967, by Department of the Army General Order (DAGO) Number 54, dated 1968.

	b.  Paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated in item 22c enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater that service was performed in.  There were no provisions to enter the dates of the foreign service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that upon the applicant's entrance on active duty his SSN was listed with the last digit as "2" and this is the SSN that was shown on the orders releasing him from active duty.  It appears an error occurred during the preparation of his DD Form 214 when his SSN was entered with the last digit as "8."  Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.

2.  At the time of the applicant's separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214.  However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 30 (Remarks) of his DD Form 214.  

3.  His records show award of the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal with Device (1960) and confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these awards and bronze service stars.

4.  DAGO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these 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:

* deleting from his DD Form 214 the entry in item 3 and replacing it with the social security number as shown on his DA Form 20
* adding to item 24 of his DD Form 214 the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 30 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19660910 - 19670907"



      _______ _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)                                         AR20120018406





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ABCMR Record of Proceedings (cont)                                         AR20120018406



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