IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020812
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) is as xxx-xx-xxx9 instead of xxx-xx-xxx7 and by adding the award of the Republic of Vietnam Campaign Medal with Device (1960).
2. The applicant states that his SSN is incorrectly depicted as having a 7 as the last digit when in fact it is a 9, and he was not awarded the Republic of Vietnam Campaign Medal with Device (1960).
3. The applicant provides copies of his Social Security Card 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 was inducted into the Army of the United States on 7 July 1964. At the time of his induction he provided an SSN that is identical to the one on his Social Security Card. He completed his basic training at Fort Dix, NJ and he was transferred to Fort Lee, VA for training as a carpenter. On 5 May 1965, he was assigned to the 383rd Quartermaster Detachment.
3. On 17 August 1965, he was transferred to Vietnam with his unit and he served in two campaigns until 25 June 1966 when he was transferred to Oakland Army Base, CA and was honorably released from active duty (REFRAD) on 27 June 1966. He served 1 year, 11 months and 21 days of total active service and he was awarded the Vietnam Service Medal, National Defense Service Medal, and Army Good Conduct Medal. Additionally, his SSN was entered in item 32 reflecting that the last digit was a 7 instead of a 9.
4. Army Regulation 600-8-22 (Military Awards) 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. Qualifying service included assignment in Vietnam for 6 months or more.
5. Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, including the Vietnam Service Medal.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted using the SSN that is contained on his Social Security Card; however, it appears that a clerical error occurred at the time his DD Form 214 was prepared and his SSN was incorrectly entered on that form. Accordingly, his DD Form 214 should be corrected to show the SSN that is contained on his Social Security Card.
2. The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and it should be added to his
DD Form 214 at this time.
3. The applicant served in two campaigns in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and to have his DD Form 214 corrected to show these bronze service stars.
4. Additionally, all units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to his unit; therefore, he is entitled to this unit award and correction of his DD Form 214 to show this unit award.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
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 adding the awards of the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
____________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) AR20130020812
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ABCMR Record of Proceedings (cont) AR20130020812
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