IN THE CASE OF:	   

		BOARD DATE:	 19 November 2013

		DOCKET NUMBER:  AR20130003700


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 he was twice awarded the Army Commendation Medal (ARCOM).  

2.  Additionally, he requests correction of his DA Form 4980-14 (Army Commendation Medal Certificate), dated 15 July 1969, to show his social security number (SSN) as "XXX-XX-6335,” instead of "XXX-XX-4199."

3.  The applicant states his ARCOM award order references his correct service number, but also references an incorrect SSN.  He assumes the reason his     DD Form 214 does not show both ARCOM awards is because his first ARCOM award identified him by an incorrect SSN.

4.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award)
* ARCOM citation
* a photo depicting his award presentation, during which he received his first ARCOM award
* DA Form 4980-14, dated 15 July 1969
* DA Form 4980-14, dated 26 June 1971



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.  On 15 March 1969, after previous enlisted service, the applicant was commissioned as a Reserve commissioned officer of the Army, in the rank/grade of second lieutenant (2LT)/O-1, in the infantry branch.  

3.  He completed training and was awarded specialty 1542 (Infantry Unit Commander).

4.  General Orders Number 175, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, on 23 July 1969, awarded him the ARCOM for meritorious service with Company B, 3rd Battalion, 10th Infantry Regiment, during the period 30 April 1969 through 7 June 1969.  His award orders incorrectly show his SSN as "XXX-XX-4199."

5.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam from on or about 9 May 1970 to on or about 8 May 1971.

6.  On 28 January 1972, he was honorably released from active duty, in the rank/grade of captain (CPT)/O-3, and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded a single award of the ARCOM and he served in the Republic of Vietnam from 9 May 1970 to 8 May 1971.

7.  On 12 May 2004, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was prepared, which corrected the applicant's DD Form 214 for the period ending 28 January 1972 by amending his DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It did not address a possible second award of the ARCOM.

8.  The documents in his available records consistently show his SSN as     "XXX-XX-6335."  Aside from on documents he provides and the ARCOM orders previously discussed, the contested SSN ("XXX-XX-4199") does not appear in his available records.
 
9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders that show the applicant was awarded the ARCOM.

10.  His records are void of orders that show he was awarded a second award of the ARCOM.  He provides an ARCOM award certificate that shows he was presented with the ARCOM for meritorious achievement in the Republic of Vietnam, from 30 January 1971 to 7 April 1971; however, he did not provide the accompanying orders.

11.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required (emphasis added).

12.  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.  It establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSN is incorrectly listed on his ARCOM award certificate, dated 15 July 1969.

2.  A thorough review of his record shows he used "XXX-XX-6335" as his SSN throughout his entire period of military service.  His ARCOM orders and certificate, dated 15 July 1969, contain an incorrect SSN.  Therefore, it would be appropriate to conclude his ARCOM orders and certificate were completed in error and should be corrected to show his proper and correct SSN.
3.  He further contends his DD Form 214 should be corrected to show a second award of the ARCOM.  His record contains evidence of only one ARCOM, which is the one he received on 15 July 1969.  He submitted a second ARCOM certificate; however, his record does not contain any evidence to substantiate this ARCOM was properly announced in orders.  Therefore, barring actual orders that show he was properly awarded a second ARCOM, there is an insufficient basis to grant 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 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:

   a. amending General Orders Number 175, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, on 23 July 1969, to show his SSN as shown on his DD Form 214; and by

   b. issuing him a new ARCOM award certificate, otherwise identical to the one dated 15 July 1969, with a corrected SSN as shown on his DD Form 214.

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 DD Form 214 to show he was awarded a second ARCOM award.
      
      
      
      ____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20130003700



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