IN THE CASE OF: 

		BOARD DATE:	    28 May 2014

		DOCKET NUMBER:  AR20130016231 


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) for the period ending 31 August 1965 to show all medals awarded after completion of his DD Form 214, including the Bronze Star Medal.  He also requests correction his social security number (SSN) to read 431-XX-XXXX.

2.  He states:

* the Department of Veterans Affairs said something was missing on his DD Form 214 relating to Vietnam service and the Bronze Star Medal
* it was probably just an omission and not an error regarding awards for his Vietnam service
* his DD Form 214 shows a clerical error in his SSN
* he received the Bronze Star Medal after his DD Form 214 was prepared

3.  He provides:

* DD Form 214
* photographs of awards
* Bronze Star Medal Certificate
* 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 was appointed as a Reserve commissioned officer on 29 July 1960.

3.  He was ordered to active duty on 17 January 1961 and was honorably released from active duty (REFRAD) on 27 December 1962 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 for this period does not show any awards.  His SSN is shown as 437-XX-XXXX in the remarks block.

4.  He was again ordered to active duty on 6 August 1963.

5.  His DA Form 66 (Officer Qualification Record) shows in:

	a.  item 17 (Foreign Service) that he served in Germany from 8 July 1961 to 24 December 1962 and in Vietnam from 2 September 1964 to 26 August 1965 (a period of 11 months and 25 days);

	b.  item 18 (Record of Assignments) that he was assigned to the U.S. Military Assistance Command Vietnam (MACV) from 4 September 1964 to 25 August 1965; and

	c.  item 21 (Awards and Decorations) that he was awarded or authorized the Armed Forces Expeditionary Medal (AFEM) and one overseas service bar.

6.  He was REFRAD on 31 August 1965 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 for this period shows in:

	a.  item 24c (Foreign and/or Sea Service) that he completed 11 months and 25 days of foreign service;

	b.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded or authorized the AFEM and one overseas service bar; and

	c.  item 32 (Remarks) that his SSN is 437-XX-XXXX.

7.  The majority of the documents in his service records show his service number.  His service records include discharge orders, dated 31 December 1968, and a DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450), dated 30 November 1959, which both show his SSN as 437-XX-XXXX.

8.  He provided a Bronze Star Medal Certificate, dated 14 October 1965, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from September 1964 to August 1965.

9.  He also provided a copy of his social security card showing his SSN as 
431-XX-XXXX.

10.  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 U.S. Army Human Resources Command Military Awards Branch, revealed he was awarded the Bronze Star Medal for meritorious service from September 1964 to August 1965 by Headquarters, MACV, General Orders Number 2110, dated 13 October 1965.

11.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

12.  Army Regulation 600-8-22 states the Republic of Vietnam 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.

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 the unit to which the applicant was assigned was awarded the Meritorious Unit Commendation for the period 8 March 1965 to 31 August 1967 by Department of the Army General Orders Number 10, dated 1968.

14.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, MACV, and its subordinate units during the period 8 February 1962 to 28 March 1973.

15.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  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.

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  It stated 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.  General orders show the applicant was awarded the Bronze Star Medal for the period September 1964 to August 1965 after he was REFRAD on 31 August 1965.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 August 1965 to show this medal.

2.  The evidence of record shows he served a qualifying period for award of the National Defense Service Medal.  Therefore, this award should be added to his DD Form 214 for the period ending 31 August 1965.

3.  The evidence of record shows he served in Vietnam from 2 September 1964 to 26 August 1965, which is a period of 11 months and 25 days.  He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  In addition, he is eligible for two overseas service bars.  Therefore, his DD Form 214 for the period ending 31 August 1965 should be amended to reflect the Republic of Vietnam Campaign Medal with Device (1960) and two overseas service bars.

4.  His unit in Vietnam was awarded the Meritorious Unit Commendation while he was assigned to the unit.  Therefore, his DD Form 214 for the period ending 31 August 1965 should be corrected to show this unit award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 for the period ending 31 August 1965 should be corrected to show this unit award.

6.  He contends his DD Form 214 shows a clerical error regarding his SSN.  He was appointed as a Reserve commissioned officer on 29 July 1960.  At that time, a military service number was assigned for the purpose of identification.  His military personnel records contain discharge orders and a DA Form 873 that show his SSN as 437-XX-XXXX. 

7.  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 in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

8.  The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented in those records.

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.  deleting award of the overseas service bar from his DD Form 214 for the period ending 31 August 1965 and

	b.  adding the following awards to his DD Form 214 for the period ending 31 August 1965:

* Bronze Star Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two overseas service bars

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 correction to his DD Form 214 for the period ending 31 August 1965 to show his SSN as 431-XX-XXXX.



      __________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)                                         AR20130016231



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ABCMR Record of Proceedings (cont)                                         AR20130016231



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