IN THE CASE OF:
BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120022035
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) be corrected to show the fourth digit of his Social Security Number (SSN) is a 4 and to show his award of the Bronze Star Medal (BSM).
2. The applicant states that his DD Forms 214 and 215 incorrectly shows his SSN contains a 2 as the fourth digit instead of a 4 and they do not reflect his award of the BSM.
3. The applicant provides a copy of his Social Security card, DD Forms 214 and 215, and a copy of his certificate for the BSM.
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 was inducted into the Army of the United States on 1 November 1965. At the time of his induction he indicated on his DD Form 398 (Statement of Personal History) that his SSN contained a 4 as the fourth digit.
3. He completed his training as an infantryman at Fort Lewis, Washington and he was transferred to Vietnam with his unit (Company A, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division) on 15 September 1966.
4. On 22 March 1967, he was wounded in action during a search and destroy mission and he was medically evacuated to a hospital in Japan. He remained in Japan after his recovery performing duties as a duty foreman.
5. On 7 June 1967, General Orders Number 1228 issued by Headquarters, 4th Infantry Division awarded the applicant the Bronze Star Medal with V Device for heroism on 22 March 1967.
6. On 15 September 1967, the applicant was honorably released from active duty (REFRAD) at Oakland Army Base, California as an overseas returnee. He had served 1 year, 10 months, and 15 days of active service and his DD Form 214 issued at the time of his REFRAD reflects an SSN that contains a 2 as the fourth digit and it shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, his marksmanship awards, and the Combat Infantryman Badge.
7. On 2 May 1988, the U.S. Army Reserve Personnel Center (ARPERCEN) issued the applicant a DD Form 215 which also reflects a 2 as the fourth digit of his SSN and deleted the Vietnam Service Medal and Vietnam Campaign Medal. The DD Form 215 also reflects the following awards were added: the Purple Heart, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Ribbon with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
8. On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their record; however, they were usually recorded when provided by the Soldier.
9. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time of the applicant's induction he provided the SSN that is reflected on his Social Security card. However, it appears that during the preparation of his DD Form 214 an administrative error occurred resulting in an incorrect SSN being reflected on his DD Form 214 and DD Form 215. Accordingly, his
DD Form 214 and DD Form 215 should be corrected to show his correct SSN.
2. He was also awarded the Bronze Star Medal with V Device and he is entitled to have that award added to his DD Form 214 as well.
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 SSN entry from his DD Form 214 and DD Form 215 and replacing it with the SSN that is listed on his Social Security card; and
b. adding the Bronze Star Medal with V Device 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) AR20120022035
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022035
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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