IN THE CASE OF:	  

		BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130002917 


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) for the period ending 10 May 1970 to show award of the Bronze Star Medal (BSM) and to show his correct Social Security Number (SSN).

2.  The applicant states, in effect, his award of the BSM is omitted from his DD Form 214 and his SSN should be corrected to show xxx-3x-xxxx instead of 
xxx-8x-xxxx.

3.  The applicant provides his DD Form 214, a BSM certificate, and a Medicare Health Insurance 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.  The applicant had prior enlisted service.  On 9 May 1967, he was appointed as a Reserve Commissioned Officer of the Army at the rank of second lieutenant (2LT) with concurrent call to active duty.

3.  The applicant’s Military Personnel Records Jacket (MPRJ) contains the following documents that show his SSN as xxx-3x-xxxx:

* DD Form 398 (Statement of Personal History), prepared on 17 August 1967
* DD Form 1584 (National Agency Check Request), dated 25 September 1967
* DA Form 41 (Record of Emergency Data), dated 1 May 1968
* Special Orders Number 100, dated 10 April 1970, issued by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces

4.  He arrived in the Republic of Vietnam (RVN) on 1 May 1968 and he was assigned to D Company, 5th Special Forces Group (Airborne), 1st Special Forces.  He departed the RVN on 5 May 1970.

5.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the BSM.

6.  On 10 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 

7.  His DD Form 214 for the period ending 10 May 1970 does not show award of the BSM.  The applicant's SSN is shown as xxx-8x-xxxx.

8.  There are no orders in the applicant's service personnel records and he did not provide any orders awarding him the BSM.

9.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the BSM pertaining to the applicant.


10.  The applicant provided a copy of a BSM certificate that shows he was awarded the BSM for meritorious service during the period 25 May 1969 to 
1 May 1970.

11.  The applicant provided a Medicare Health Insurance Card that shows his SSN as xxx-3x-xxxx.

12.  Army Regulation 600-8-22 (Military Awards), states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows his SSN as xxx-8x-xxxx.  His Medicare Health Insurance Card and documents contained in his MPRJ confirm his SSN is xxx-3x-xxxx.  It appears an administrative error occurred during the preparation of his DD Form 214 when his SSN was recorded.

2.  In view of the foregoing, the applicant's DD Form 214 for the period ending 
10 May 1970 should be corrected to show his SSN as shown on his DD Form 398.

3.  The applicant’s request to add the BSM to his DD Form 214 was carefully considered.  However, there are no orders in the applicant's service records and the applicant did not provide any orders awarding him the BSM.  Unfortunately, the BSM certificate alone is insufficient evidence to show he is authorized the award.

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 replacing the SSN on his DD Form 214 for the period ending 10 May 1970 with the SSN on his DD Form 398.

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 adding the BSM on the applicant's 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)                                         AR20130002917





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ABCMR Record of Proceedings (cont)                                         AR20130002917



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