BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120021707 


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) as "xxx-x8-xxxx" instead of "xxx-x5-xxx"
* His place of birth (POB) as "Mena, AR" instead of "Oden, AR"
* His awards and decorations to reflect the correct SSN

2.  The applicant states his DD Form 214 listed an incorrect SSN and POB.  He adds that his awards and decorations were “sent to wrong SSN.”

3.  The applicant provides his DD Form 214 and a 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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his POB as "Mena, AR" and his SSN as "xxx-x8-xxxx."  He authenticated this form with his signature. 

3.  He was inducted into the AUS on 21 September 1966.  His DD Form 47 (Record of Induction) did not list his SSN but listed his POB as "Mena, AR" in Item 11 (POB). 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "xxx-x8-xxxx."  He authenticated this form at a later date by placing his signature in the appropriate block. 

5.  Headquarters, 2nd Armored Division, Fort Hood, TX, published the following Special Orders (SO) - neither contained his SSN:

* SO Number 38, on 7 February 1967, awarded him the First Class Qualification Badge with Machine Gun Bar (M-60)
* SO Number 158, on 7 June 1967, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar

6.  He held military occupational specialty 11D (Armor Intelligence Specialist) and he served in Vietnam from on or about 10 August 1967 to on or about 7 August 1968 (11 months and 26 days).  He was assigned to C Troop, 2nd Squadron, 1st Cavalry.  

7.  General Orders (GO) Number 4010, issued by Headquarters, 4th Infantry Division, on 14 July 1968, awarded him the Army Good Conduct Medal.  The GO listed his SSN as "xxx-x8-xxxx." 

8.  Several documents in his service record listed his SSN as "xxx-x8-xxxx" and include a Certificate of Clearance and/or Security Determination and a U.S. Army Request for National Agency Check.

9.  He was honorably released from active duty on 7 August 1968.  His DD Form 214 shows in:

* Item 3 (SSN) - "xxx-x5-xxxx"
* Item 8 (POB) - "Oden, AR"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - the:

* National Defense Service Medal
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Vietnam Campaign Medal
* One overseas service bar

10.  He provides a social security card that contains a name similar to his with the SSN listed as "xxx-x8-xxxx." 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his/her military service. 

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with C Troop, 2nd Squadron, 1st Cavalry in Vietnam, this unit was cited for certain awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 30 August 1967 to 28 July 1969 by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 30 August 1967 to 28 July 1969 by DAGO Number 53, dated 1970
* Presidential Unit Citation for service from 29 October to 30 November 1967 by DAGO Number 38, dated 1971

14.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968

DISCUSSION AND CONCLUSIONS:

1.  Upon his induction in the AUS, the applicant listed his SSN as “xxx-x8-xxx” and his POB as "Mena, AR."  Several other documents in his service records contain an SSN and a POB that are consistent with the SSN and POB he listed on his DD Form 398.  It appears his DD Form 214 inadvertently listed an incorrect SSN and POB.  Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN as "xxx-x8-xxxx" and his POB as "Mena, AR."  

2.  He served in Vietnam from on or about 10 August 1967 to on or about 7 August 1968, a period of 11 months and 26 days.  This should qualify him for two overseas service bars.  His DD Form 214 shows one overseas service bar.  He should be entitled to correction of his DD Form 214 to show two overseas service bars.

3.  SO awarded him the First Class Qualification Badge with Machine Gun Bar (M-60) and the Expert Marksmanship Qualification Badge with Pistol Bar, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  GO awarded his unit in Vietnam the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

5.  The applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  Although the applicant did not specify which individual and/or unit awards were “sent to wrong SSN,” an audit of his service record failed to reveal any additional awards, decorations, citations, or badges other than those already listed on his DD Form 214 and indicated here.  If the applicant can produce official orders for individual awards or establishes his eligibility for any unit awards, he may resubmit his application to this Board. 

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 item 3 of his DD Form 214 the current entry and replacing it the SSN shown on his DD Form 398 (with the number "8" in the fifth digit)
* deleting from item 8 of his DD Form 214 the current entry and replacing it with the entry "Mena, AR"
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal and one overseas service bar and adding the:

* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Expert Marksmanship Qualification Badge with Pistol Bar
* First Class Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20120021707





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ABCMR Record of Proceedings (cont)                                         AR20120021707



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