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ARMY | BCMR | CY2013 | 20130019265
Original file (20130019265.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130019265 


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 the general orders (GO) awarding him the Bronze Star Medal and the resulting certificate to show his social security number (SSN) as "344-XX-XXXX" instead of "544-XX-XXXX."

2.  The applicant states the SSN shown on his Bronze Star Medal Certificate is incorrect.

3.  The applicant provides:

* Headquarters, Third Regional Assistance Command, Vietnam, GO Number 1, dated 6 March 1972
* Bronze Star Medal Certificate, dated 4 March 1972
* Bronze Star Medal Certificate, dated 14 April 1970
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 24 (Service Record)
* social security card
* birth certificate
* Department of Veterans Affairs identification 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 is a retired sergeant first class/E-7 who served in the Regular Army from 2 May 1952 to 31 May 1972 after having prior service.  He served in a variety of stateside and overseas assignments, including Korea, Germany, and Vietnam.

3.  All documents in his service records, minus the contested award, list his SSN as "344-XX-XXXX," including his DD Forms 214, DD Form 215 (Correction to DD Form 214), and DA Form 20 (Enlisted Qualification Record).

4.  Headquarters, Third Regional Assistance Command, Vietnam, GO Number 1, dated 6 March 1972, awarded him the Bronze Star Medal for meritorious service during the period September 1972 to February 1972.  The GO and the resulting certificate show his SSN as "544-XX-XXXX."

5.  He provided a copy of his social security card that appears to list his SSN as "344-XX-XXXX."

DISCUSSION AND CONCLUSIONS:

GO awarded the applicant the Bronze Star Medal for meritorious service during the period September 1972 to February 1972.  He was also presented with the resulting certificate.  It appears both documents inadvertently listed the first digit of his SSN as "5" instead of "3."  This is clearly a typographical error.  His records should be corrected by amending Headquarters, Third Regional Assistance Command, Vietnam, GO Number 1, dated 6 March 1972, and reissuing him a Bronze Star Medal Certificate showing his SSN as shown on his DD Form 214.


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:

* amending Headquarters, Third Regional Assistance Command, Vietnam, GO Number 1, dated 6 March 1972, to show his SSN as shown on his DD Form 214
* issuing him a new Bronze Star Medal Certificate for the period September 1972 to February 1972 showing his SSN as shown on his DD Form 214

https://arbaacts.hqda.ds.army.mil/Case/AR20130019265/Attachment/Index

      ___________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)                                         AR20130019265



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130019265



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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