IN THE CASE OF:	  

		BOARD DATE:	    24 October 2013

		DOCKET NUMBER:  AR20130003644 


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 in:

* item 3 (Social Security Number (SSN)) "XXX-X6-5234" instead of 
"XXX-X4-3427"
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Air Medal

2.  The applicant states he made a mistake in 1966 by giving the U.S. Army the wrong SSN because he had lost his social security card.  Therefore, his 
DD Form 214 shows the wrong SSN.  Additionally, he was awarded the Air Medal and this award is not listed on his DD Form 214.  

3.  The applicant provides copies of his social security card, state identification card, and a Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim).

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 (AUS) on 5 April 1966.  At the time of his induction, he was assigned and identified by a service number which began with the prefix "US" for United States.  

3.  His records contain the following documents:

* DD Form 47 (Record of Induction), dated 5 April 1966, which does not list his SSN
* DD Form 398 (Statement of Personal History), dated 9 April 1966, which does not list his SSN
* DA Form 41, dated 7 December 1967, containing the entry, "Unknown" in item 9 (SSN)
* Temporary DA Form 20 (Enlisted Qualification Record), dated 7 December 1967, which shows his SSN as "4XX-XX-9XX6" (a completely different SSN) 

4.  He completed training and was awarded military occupational specialty 11B (light weapons infantryman).

5.  He served in Vietnam from 3 October 1966 through 8 May 1967, during one campaign.  He was assigned to Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile).

6.  General Orders (GO) Number 701, issued by the 1st Cavalry Division (Airmobile), on 15 February 1967, awarded him the Air Medal for achievement from 1 November 1966 to 1 February 1967.

7.  On 4 April 1968, he was honorably released from active duty, in pay grade
E-4, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years of net active service with no time lost.  His DD Form 214 lists in:

* Item 3 his SSN as "XXX-X4-3427"
* Item 22c 7 (Foreign Service) (United States Army Pacific) 
7 months and 6 days
* Item 24 – the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and Vietnam Campaign Medal
8.  His record contains a second DA Form 20 which does not lists his SSN and shows in item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his period of service.

9.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

10.  He provides copies of his social security card, wherein the SSN is not legible, and his state identification card wherein his SSN is not listed.

11.  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 preparation of the DD Form 214.  The instructions in effect at the time of the applicant's release from active duty stated to verify the accuracy of the Soldier's SSN with the SSN of record.

12.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

13.  Army Regulation 600-8-22 (Military Award) provides Department of the Army policy, criteria, and administrative instructions concerning individual military 
decorations, Army Good Conduct Medal, service medals, unit decorations, and similar devices awarded in recognition of accomplishments.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during his period of service with Company A, 1st Battalion, 5th Cavalry, this unit was cited for the:

* Presidential Unit Citation for the period 2-3 October 1966, by Department of the Army General Orders (DAGO) Number 47, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969, DAGO Number 59, dated 1969


DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The record shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  It appears he was not awarded this medal as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 5 April 1966 through 4 April 1968 and correct his DD Form 214 to show this medal.

3.  The applicant participated in one campaign during his service in Vietnam that entitles him to one bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this service star.

4.  His unit in Vietnam was cited for award of the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation, during his period of service.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  With respect to his SSN:

	a.  It appears when he was inducted into the AUS on 5 April 1966 no SSN was given or recorded.  A temporary DA Form 20 lists an entirely different SSN than that shown on his DD Form 214.  Absent convincing independent and verifiable evidence to the contrary, it is presumed his DD Form 214 was correct at the time it was prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

	b.  For historical purposes, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record a different SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.


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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for the period 5 April 1966 through 4 April 1968
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Air Medal
* Vietnam Service Medal with one bronze service star
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correcting the correcting the social security number shown in item 3 of 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)                                         AR20130003644



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ABCMR Record of Proceedings (cont)                                         AR20130003644



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