IN THE CASE OF:	  

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130015714 


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) to show award of the Bronze Star Medal (BSM).  He also requests correction of his social security number (SSN).

2.  The applicant states the:

* BSM is not annotated on his DD Form 214
* SSN on his DD Form 214 is incorrect

3.  The applicant provides award orders and his DD Form 214.

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 on 15 July 1968 and served until he was discharged honorably on 24 March 1969 for the purpose of immediate reenlistment.  The DD Form 214, dated 24 March 1969, shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart (1st award)

3.  On 25 March 1969, he reenlisted in the Regular Army.

4.  A review of his record shows he used the SSN XXX-XX-XXX1 the entire time that he was in an active duty status.  These documents include:

* his DA Form 20 (Enlisted Qualification Record)
* U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Award for Achievement of Merit), dated 29 November 1969

5.  His DA Form 20 shows in:

a. item 31 (Foreign Service) he served in Vietnam from 8 December 1968 to 7 December 1969;

b. item 38 (Record of Assignments) that while in Vietnam he served with:

(1)  Company B, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division
during the period 19 December 1969 to 4 April 1969; 

(2)  Company D, 51st Infantry Regiment during the period 5 to 25 April
1969 and;

		(3)  Company D, 58th Infantry Regiment, with duty at the 93d Military Police Battalion during the period 26 April to 7 December 1969.

6.  His records contain a USARV Form 157-R, which shows he was recommended for award of the BSM with “V” Device for achievement on 
17 November 1969.

7.  He submitted General Orders Number 229, dated 29 December 1969, showing he was awarded the BSM with "V" Device for heroism on 17 November 1969.

8.  On 11 May 1971, he was released from active duty after completing 1 year, 11 months, and 20 days of net active service during this period.  His DD Form 214, dated 11 May 1971, shows he was awarded or authorized the:

* Vietnam Campaign Medal with "1960" Device
* Combat Infantryman Badge
* Purple Heart

9.  A review of his military records indicates he is entitled to additional awards and decorations that are not shown on his DD Forms 214.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Summer-Fall 1969 (9 June - 31 October 1969)
* Winter-Spring 1970 (1 November 1969 - 30 April 1970)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 8th Infantry Regiment, 4th Infantry Division, was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 1 October 1966 to 28 July 1969 in Department of the Army General Orders Number 3, dated 1970; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 October 1966 to 31 October 1969 in Department of the Army General Orders Number 53, dated 1970.

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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  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.  General orders show the applicant was awarded the BSM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214, dated 11 May 1971,  to show this award.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214, dated 
11 May 1971, to show these unit awards.

3.  Records show the applicant participated in four campaigns while serving in Vietnam.  Therefore, he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214, dated 11 May 1971, to show these service stars.

4.  All of the documents in the applicant's record show he used SSN XXX-XX-XXX1 when he served in an active duty status.

5.  For historical purposes, the Army has an interest in maintaining the accuracy 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 the applicant desires to now record his current 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.

6.  The applicant is advised that a copy of this decisional document will be filed in his record.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military record and his current SSN.

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
adding the BSM with "V" Device, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214, dated 11 May 1971.

2.  The Board further determined that the evidence presented was 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 social security number.  



      ______________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)                                         AR20130015714





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ABCMR Record of Proceedings (cont)                                         AR20130015714



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