IN THE CASE OF: 

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20130012724 


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, correction of his:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 June 1969 to show his social security number (SSN) as XX2-XX-X84X vice XX5-XX-X48X
* DD Form 214 (Report of Separation from Active Duty) for the period ending 2 April 1979 to show all his awards

2.  The applicant states his SSN is incorrect on his DD Form 214 for the period ending 27 June 1969.  He has three DD Forms 214 and there are award inconsistencies on them.

3.  The applicant provides three DD Forms 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.  The applicant enlisted in the Regular Army (RA) on 28 June 1966.  His DA Form 20 (Enlisted Qualification Record) for this period of service is not available for review.  His available records contain several personnel, legal, and medical documents from this period of service that contain only his service number (SN) and not his SSN.

3.  His available records show he served in Vietnam from 29 December 1966 to 29 December 1967 while assigned to the 446th Transportation Company.  

4.  He was honorably released from active duty on 27 June 1969 and he was transferred to the U.S. Army Reserve (USAR).  He completed 3 years of creditable active service during this period of service.

5.  Item 3 (SSN) of the DD Form 214 he was issued for this period of service contains the entry XX5-XX-X48X.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* two overseas service bars
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal

7.  The applicant again enlisted in the RA on 3 June 1970.  He served in Vietnam from 19 June 1970 to 6 May 1971 while assigned to the 147th Aviation Company.

8.  His records contain numerous personnel, legal, and medical documents from this period of service that all show his SSN as XX2-XX-X84X.  His DA Form 20 from this period of service shows his SSN as XX2-XX-X84X.

9.  On 2 April 1973, he was honorably discharged for the purpose of immediate reenlistment.  He completed 2 years and 10 months of creditable active service during this period of service.

10.  Item 3 of the DD Form 214 he was issued for this period of service shows his SSN as XX2-XX-X84X.

11.  Item 24 of this DD Form 214 shows award of the:

* National Defense Service Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)

12.  He reenlisted in the RA on 3 April 1973.  His records contain numerous personnel, legal, and medical documents from this period of service that all show his SSN as XX2-XX-X84X.  His DA Form 2-1 (Personal Qualification Record) from this period of service shows his SSN as XX2-XX-X84X.

13.  He was honorably discharged from active duty on 2 April 1979.  He completed 6 years of creditable active service during this period of service and had a total of 11 years and 10 months of creditable active service.

14.  Item 3 of the DD Form 214 he was issued for this period of service shows his SSN as XX2-XX-X84X.

15.  Item 24 of this DD Form 214 shows award of the:

* Army Good Conduct Medal with 2 Clasps
* Vietnam Service Medal
* National Defense Service Medal 
* Republic of Vietnam Campaign Medal 
* Army Commendation Medal (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* three overseas service bars
* Driver and Mechanic Badge with Wheel Bar

16.  Item 27 (Remarks) of this DD Form 214 shows award of the

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Driver and Mechanic Badge with Wheel Bar (2nd Award)

17.  The applicant provides his social security card wherein it shows his assigned SSN as XX2-XX-X84X.


18.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  A review of his records shows that during his two tours of service in Vietnam he participated in five campaigns.

	b.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.  A review of his records shows that during his two tours of service in Vietnam he was authorized four overseas service bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain numerous personnel, legal, and medical documents from the period 3 June 1970 to 2 April 1979 that all show his SSN as XX2-XX-X84X.  Although his available records for the period ending 27 June 1969 only contain documents that show his SN and not his SSN, it is reasonable to presume an error was made on his DD Form 214 for this period of service and his SSN was inadvertently listed as XX5-XX-X48X.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 27 June 1969 to show his SSN as XX2-XX-X84X.  

2.  His record confirms during his two tours of service in Vietnam he participated in five campaigns.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 2 April 1979 accordingly.

3.  He was authorized four overseas service bars for his two tours of service in Vietnam while his DD Form 214 for the period ending 2 April 1979 only shows three.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 2 April 1979 accordingly.

4.  In addition, his DD Form 214 for the period ending 27 June 1969 shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his final DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 2 April 1979 to show 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:

* deleting the entry in item 3 of his DD Form 214 for the period ending 27 June 1969 and replacing it with the SSN as shown on his social security card
* deleting the Vietnam Service Medal and three overseas service bars from item 26 of his DD Form 214 for the period ending 2 April 1979
* adding to item 26 of his DD Form 214 for the period ending 2 April 1979 the:

* Vietnam Service Medal with one silver service star
* four overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _ 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)                                         AR20130012724





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ABCMR Record of Proceedings (cont)                                         AR20130012724



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