IN THE CASE OF:	  

		BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20130000971 


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 "XX8-3X-XXXX" instead of          "XX1-2X-XXXX"
* his middle initial as "R" instead of "J"
* the Bronze Star Medal with "V" Device

2.  The applicant states his middle initial and SSN are typographical errors and the Bronze Star Medal with "V" Device was awarded to him after he departed the Republic of Vietnam.

3.  The applicant provides:

* DD Form 214
* Social Security Card
* Bronze Star Medal Certificate
* General Orders Number 30
* Record of Birth

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 24 January 1969.  Item 1 (First Name - Middle Name - Last Name) of his DD Form 398 (Statement of Personal History) completed at the time of his induction processing shows his middle name as "James."  Item 13 (Employment - SSN), lists his SSN as "XX8-3X-XXXX."
 
3.  He completed training and he was awarded military occupational specialty 13E (Field Artillery Operator).  The highest rank/grade he attained during this period of service was sergeant/E-5.  He served in the Republic of Vietnam from 11 July 1969 to 26 August 1970.

4.  The applicant provides General Orders Number 30, issued by Headquarters, XXIV Corps, dated 7 January 1971, which show he was awarded the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 16 August 1970.

5.  On 26 August 1970, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The 
DD Form 214 he was issued at the time shows in Item 3 (SSN) the entry "XX1-2X-XXXX" and that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two Overseas Service Bars

6.  The applicant provides a Record of Birth which shows his date of birth as     21 February 1948; however, the document does not show he was given a middle name.

7.  There is no evidence in the applicant's record and he did not provide any evidence to support his claim to the middle initial "R" vice "J."  

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1969
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 has been carefully examined and found to have partial merit.

2.  General orders awarded him the Bronze Star Medal with "V" Device.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Records show the applicant participated in four campaign phases 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.

4.  The applicant's SSN appears as "XX8-3X-XXXX" on his DD Form 398 that was completed upon his induction.  It appears an administrative error occurred during the preparation of his DD Form 214 resulting in his SSN being incorrectly listed.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as shown on his social security card.

5.  There is no evidence in the applicant's record and he did not provide any evidence to support his claim to the middle initial "R" vice "J."  Therefore, he is not entitled to this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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: 
   
   a.  deleting from his DD Form 214 the SSN listed in Item 3 and the Vietnam Service Medal; and

   b.  adding to his DD Form 214:

* in Item 3, the SSN as shown on his social security card
* Bronze Star Medal with "V" Device
* Vietnam Service Medal with four bronze service stars

2.  The Board further determined that 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 changing the middle initial on his records to "R."  


__________ _  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)                                         AR20130000971





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ABCMR Record of Proceedings (cont)                                         AR20130000971



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