IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130017984
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) to show his social security number (SSN) as xxx-xx-0326 instead of xxx-xx-0236 and award of the Bronze Star Medal (BSM).
2. The applicant states his SSN is xxx-xx--0326 not xxx-xx--0236 as shown
in item 32 (Remarks) on his DD Form 214. Additionally, he was awarded the BSM after he left the service.
3. The applicant provides a copy of his social security card; General
Orders Number 6130 issued by Headquarters, U.S. Army Vietnam, dated
24 October 1966; Virginia driver's license; 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. On 11 June 1961, the applicant entered active duty as a second lieutenant. His records consistently show the use of the SSN xxx-xx-0326.
3. On 19 November 1966, he was honorably discharged from active duty. His DD Form 214 shows his SSN as xxx-xx-0236. It further shows he was awarded or authorized the:
* Parachutist Badge
* Vietnam Service Medal
* National Defense Service Medal with1 oak leaf cluster
* Republic of Vietnam Campaign Medal with Device (1960)
4. The applicant's records contain Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri Letter Orders, dated 28 April 1969, that show his SSN as XXX-XX-0326.
5. The applicant provided a copy of his social security card which shows his SSN as XXX-XX-0326
6. General orders Number 6130, dated 24 October 1966, awarded him the BSM for meritorious service in connection with military operations against a hostile force in Vietnam during the period January 1966 through October 1966.
7. His record shows he was assigned to the 507th Transportation Group in Vietnam during the period January 1966 to October 1966.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
9. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on 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, the applicant participated in the following 2 campaigns:
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214. It would be appropriate to correct this error at this time.
2. Orders show the applicant was awarded the BSM for meritorious service in connection with military operations against a hostile force during the period January 1966 through October 1966. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment in Vietnam. Therefore, his DD Form 214 should be corrected to show this unit award.
4. The applicant participated in 2 campaigns during his service in Vietnam. Therefore, he is entitled to 2 bronze service stars for wear on his
already-awarded Vietnam Service Medal.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. deleting from item 32 of his DD Form 214 the current SSN entry and replacing it with the SSN as shown on his Social Security card,
b. deleting from his DD Form 214 the Vietnam Service Medal, and
c. adding to his DD Form 214 the:
* Bronze Star Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
___________X___________
CHAIRPERSON
I certify that therein is recorded the true and complete record of proceedings of the Army Board of Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130017984
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017984
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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