IN THE CASE OF:	  

		BOARD DATE:	    27 February 2014

		DOCKET NUMBER:  AR20130009696 


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, in effect:

	a.  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 10 November 1968 to add the dates of his Vietnam service and to show his Social Security Number (SSN) as "XXX-X8-XXXX" vice "XXX-X2-XXXX."

	b.  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 November 1982 to show his SSN as "XXX-X8-XXXX" vice "XXX-X2-XXXX."

2.  The applicant states, in effect, the dates of his Vietnam service were not listed on his DD Form 214 for the period ending on 10 November 1968 and both of his DD Forms 214 contain incorrect SSNs.

3.  The applicant provides:

* Self-authored statement
* Expired military identification card
* Work place identification card
* Social security card
* DD Forms 214 for the periods ending on 10 November 1968 and 
30 November 1982


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’s record contains a DD Form 398 (Statement of Personal History), dated 29 February 1967, wherein his listed his SSN as "XXX-X8-XXXX."

3.  He was inducted into the Army of the United States on 14 March 1967.  He held military occupational specialty 91B (Medical Specialist) and attained the rank/grade of specialist four/E-4.

4.  Special Orders (SO) Number 52, issued by Headquarters, 1st Training Brigade, U.S. Army Training Command, Fort Gordon, GA on 24 April 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 19 August 1967 to 7 November 1968 and served with Headquarters and Company A, 4th Medical Battalion, 4th Infantry Division from 28 August 1967 to 7 November 1968. 

6.  General Order (GO) Number 6334, issued by Headquarters, 4th Infantry Division, Vietnam on 19 December 1968, awarded him the Army Good Conduct Medal (1st Award).

7.  GO Number 12, issued by Headquarters, 4th Infantry Division, Vietnam on 
1 January 1969, awarded him the Army Commendation Medal. 

8.  He was honorably released from active duty on 10 November 1968 after completing 1 year, 7 months, and 27 days of net active service.  His 
DD Form 214:

   a.  shows his SSN as "XXX-X2-XXXX."
   b.  shows he was credited with 1 year, 2 months, and 22 days of foreign service in the U.S. Army Pacific (USARPAC).
   
   c.  shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:
   
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Medical Badge
* Presidential Unit Citation
* Vietnam Service Medal
* Vietnam Campaign Medal
* 2 overseas service bars

d.  does not list his Vietnam service or service dates in item 30 (Remarks).

9.  He enlisted in the Regular Army on 16 April 1981 and was discharged under honorable conditions on 10 November 1982.  His DD Form 214 for this period shows his SSN as "XXX-X2-XXXX."

10.  He provided a copy of his social security card which contains the name listed on his DD Forms 214 and the SSN "XXX-X8-XXXX."

11.  A review of the applicant's record shows he is entitled to additional awards and decorations.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a silver service star is authorized with this award for each five Vietnam campaigns a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)

13.  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: 

   a.  The 4th Medical Battalion was cited for award of the Meritorious Unit Commendation for the period 1 October 1967 to 30 November 1968 by DAGO Number 42, dated 1974.
   
   b.  Headquarters, United States Army Vietnam and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by DAGO Number 8, dated 1974.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated for:

	a.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20, omitting authorities cited therein.

	c.  item 30, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:

1.  When the applicant completed his DD Form 398 prior to his induction in February 1967 he listed his SSN as "XXX-X8-XXXX."  Therefore, he is entitled to the correction of his DD Forms 214 for the periods ending on 30 November 1968 and 10 November 1982.

2.  The evidence of record shows he served in Vietnam from 19 August 1967 to 
7 November 1968; therefore, he is entitled to correction of his DD Form 214 for the period ending on 30 November 1968, in item 30, to show he served in Vietnam during this period.  As a related issue, he is authorized additional awards.

3.  He participated in five campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 for the period ending on 30 November 1968 to add one silver service star to his previously-awarded Vietnam Service Medal.

4.  GO awarded him the Army Good Conduct Medal (1st Award) and the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 for the period ending on 30 November 1968 to add these awards.

5.  GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 for the period ending on 30 November 1968 to add these unit awards.

6.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 30 November 1968 to add this badge.

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.  correcting his DD Form 214 for the period ending on 30 November 1968 to show his SSN as shown on his DD Form 398 and adding to:
   
		(1) item 24 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* One silver service star to be affixed to his previously-awarded Vietnam Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14)

		(2) item 30 the entry "Vietnam – 19 August 1967 to 7 November 1968, Indochina – Yes, Korea – No"

   b.  correcting his DD Form 214 for the period ending on 10 November 1982 to show his SSN as shown on his DD Form 398.




____________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)                                         AR20130009696





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ABCMR Record of Proceedings (cont)                                         AR20130009696



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