BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130002900
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 Bronze Star Medal (BSM) award documents to show his Social Security Number (SSN) as xxx-xx-xxx8 instead of xxx-xx-xxx0.
2. The applicant states the SSN recorded on his award documents is incorrect.
3. The applicant provides his BSM award documents and DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge).
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 enlisted in the U.S. Army on 21 August 1967 for a period of
3 years. At the time of the applicant's enlistment, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number. However, the applicant's DD Form 398 (Statement of Personal History), prepared by him on
26 February 1968, shows he entered xxx-xx-xxx8 in the SSN block.
3. A review of the applicant's military personnel records revealed the following two award orders issued by Headquarters, 1st Infantry Division (Vietnam) that show his SSN as xxx-xx-xxx0:
* General Orders Number 9402, dated 26 August 1969, that awarded him the Army Commendation Medal (ARCOM) for meritorious service from September 1968 to September 1969
* General Orders Number 14190, dated 3 November 1969, that awarded him the BSM with "V" Device for heroism on 10 August 1969
4. On 24 August 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).
Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as xxx-xx-xxx8, which matches the SSN shown on his DD Form 398.
5. A review of the applicant's military personnel records failed to reveal copies of the award certificates for the BSM with "V" Device or ARCOM.
6. In support of his application the applicant provides a DA Form 4980-5 (BSM Certificate), issued on 7 November 1969, that shows he was awarded the BSM for meritorious achievement in Vietnam on 10 August 1969. The certificate shows his SSN as xxx-xx-xxx0.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his award documents should be corrected to show his SSN as xxx-xx-xxx8.
2. The evidence of record shows the applicant's SSN was recorded in his military records as xxx-xx-xxx8. However, the award documents (general orders and certificate) issued by Headquarters, 1st Infantry Division, contain an incorrect SSN. In addition, the applicant's BSM certificate does not show the "V Device" to indicate the award was for heroism.
3. Therefore, it would be appropriate at this time to correct the applicant's BSM and ARCOM award orders and issue him new award certificates to show the correct SSN as shown on his DD Form 214.
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. amending Headquarters, 1st Infantry Division, General Orders Number 9402, dated 26 August 1969, and General Orders Number 14190, dated
3 November 1969, to show the Social Security Number as shown on his
DD Form 214;
b. issuing him a new DA Form 4980-14 (ARCOM Certificate) awarding him the ARCOM for meritorious service in the Republic of Vietnam from September 1968 to September 1969; and
c. issuing him a new DA Form 4980-5 (BSM Certificate) awarding him the BSM with "V" Device for heroism in the Republic of Vietnam on 10 August 1969.
_______ _ 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.
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