IN THE CASE OF: 

		BOARD DATE:    30 July 2013

		DOCKET NUMBER:  AR20120022834
 

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 records to show his correct social security number (SSN) and a second award of the Bronze Star Medal.

2.  The applicant states:

	a.   When he was inducted into the Army an incorrect SSN was transcribed onto his original military personnel records.

	b.  When he separated from the service on 20 May 1971, incorrect information concerning his Bronze Star Medals was transcribed onto his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He was awarded two Bronze Star Medals, not one as shown.

3.  The applicant provides:

* a Social Security Administration SSN Printout 
* a copy of his Social Security Card 
* two Bronze Star Medal Certificates 
* an Honorable Discharge Certificate  
* a DD Form 214

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.  Following prior enlisted active duty service from 30 September 1965 through 
1 September 1966, the applicant was commissioned and re-entered active duty as a U.S. Army Reserve Engineer second lieutenant on 2 September 1966.

3.  A review of the available records shows he used the SSN currently on his DD Form 214 exclusively throughout his active duty service.  There is no available evidence showing that during his active military service he ever used the SSN he now claims is correct.

4.  His DA Form 66 (Officer Qualification record) shows in:

	a.  Item 17 (Foreign Service) that he served in Vietnam from 13 July 1967 through 11 July 1968 and from 18 April 1969 through 17 April 1970.

	b.  Item 18 (Record of Assignments) that he was assigned to the:

		(1)  919th Engineer Company, 11th Armored Cavalry Regiment, from 
17 July 1967 July 1968;

		(2)  553d Heavy Equipment Maintenance Company from 22 April through 30 August 1969

		(3)  4th Transportation Command from 1 September 1969 through 9 April 1970.  

	c.  Item 21 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with 1st Oak Leaf Cluster, Valorous Unit Award, and the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.

	d.  Item 23 (Qualification in Arms) that he qualified for the Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 20 May 1971 as a captain/O-3.  He had completed a total of 5 years, 7 months, and 21 days of net active duty service.  His awards are shown as the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four overseas service bars.

6.  His record contains copies of general orders showing he was awarded the Bronze Star Medal for the period 3 November to 3 December 1967 and the Bronze Star Medal (First Oak Leaf Cluster) for the period April 1969 to April 1970.

7.  Army Regulation 600-8-22 (Military Awards) 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 silver service star is authorized in lieu of five bronze service stars.  During his service in Vietnam, the applicant participated in the following seven 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
* Tet 69/Counteroffensive                         23 February - 8 June 1969
* Vietnam Summer - Fall 1969                    9 June - 31 October 1969
* Vietnam Winter - Spring 1970                  1 November 1969 - 30 April 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows that, in addition to the awards shown on his 1971 DD Form 214, he was awarded or authorized the Bronze Star Medal (First Oak Leaf Cluster), Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  Records show the applicant participated in seven campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  His DD Form 214 should be corrected to show these awards.
4.  The available evidence clearly shows the applicant used the SSN 
shown on his DD form 214 exclusively throughout his active duty service.  Therefore, his request to correct the SSN on his DD Form 214 should be denied.

5.  The Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. 

6.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record.  This should serve to clarify any questions or confusion regarding the different SSN's and satisfy his desire to have his current SSN documented in his record.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214 for the period ending 20 May 1971:

* Bronze Star Medal (2d Award)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar





2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his SSN.



      __________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20120022834



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