IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130008624
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 the Social Security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and correction of his record to show he is authorized the Republic of Vietnam (RVN) Campaign Medal with Device (1960).
2. He states the SSN on his DD Form 214 is entered as "XXX-XX-XX1X," but should read "XXX-XX-XX6X." He also asks for a determination of his eligibility for the RVN Campaign Medal with Device (1960).
3. He provides his DD Form 214 and his Social Security 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. On 4 December 1963, during his induction processing, the applicant completed a DD Form 398 (Statement of Personal History). In the block provided for his SSN, he entered "XXX-XX-XX6X."
3. On 6 December 1963, he was inducted into the Army of the United States. He was assigned a service number, which was the primary identification number used in military records at the time.
4. A DA Form 20 (Enlisted Qualification Record) and a DA Form 24 (Service Record) show his SSN entered as "XXX-XX-XX6X."
5. Section 5 (Service Outside the Continental United States) of the DA Form 24 shows he departed the United States on 21 September 1965, arrived in Vietnam on 10 October 1965, and returned to the United States on 3 December 1965.
6. On 4 December 1965, he was honorably released from active duty. His DD Form 214 shows he was authorized the Vietnam Service Medal, but it does not show the RVN Campaign Medal with Device (1960). His SSN was entered in item 32 (Remarks) as "XXX XX XX1X."
7. He provides his Social Security card, which shows his SSN is XXX-XX-XX6X.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the SSN entered on the DD Form 214 was to be transcribed from the DA Form 20.
9. Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Individuals who qualified for award of the Vietnam Service Medal and served in Vietnam for less than 6 months were also entitled to award of the RVN Campaign Medal with Device (1960) if they met one of the following conditions:
* wounded as a result of hostile action
* captured by hostile forces but later escaped or were rescued or released
* killed in action or otherwise in line of duty
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's SSN was transcribed incorrectly from his DA Form 20 onto his DD Form 214. It would be appropriate to correct his DD Form 214 to show his SSN as it is shown on his social security card.
2. The applicant was awarded the Vietnam Service Medal, but he did not serve in Vietnam for the period required to be eligible for the RVN Campaign Medal with Device (1960). There is no evidence that he met the eligibility criteria applicable to Soldiers who had been awarded the VSM and served in Vietnam for less than 6 months. Therefore, there is no basis for correcting his record to show the RVN Campaign Medal with Device (1960).
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 shown on his DD Form 214 with the SSN shown on his Social Security card.
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 the RVN Campaign Medal with Device (1960).
_______ _ 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) AR20130008624
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ABCMR Record of Proceedings (cont) AR20130008624
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