IN THE CASE OF:	  

		BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130021504 


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 the Combat Infantryman Badge. 

2.  He also requests correction of some of his records that show his service number (SN) as "US 58 543 XXX" to show the SN as "US 55 843 XXX."

3.  The applicant states his DD Form 214 does not list the Combat Infantryman Badge.  He has the orders and they list the incorrect SN.  However, some of his paperwork does not list the correct SN and he would like that fixed.  

4.  The applicant provides his DD Form 214, Special Orders (SO) Number 91 (Combat Infantryman Badge), and SO Number 309 (separation).

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's records show he was inducted into the Army of the United States (AUS) on 16 November 1965.  Item 2 (Service Number) of his DD Form 47 (Induction Record) shows the entry "US 55 843 XXX."

3.  His Standard Form 88 (Report of Medical Examination) and Standard Form 93 (Report of Medical History) which were created when he underwent an induction physical examination show his SN as "US 55 843 XXX."

4.  Multiple documents in his service record show his SN as "US 55 843 XXX" and include his DA Form 20 (Enlisted Qualification Record), DA Form 41 (Record of Emergency Data), reassignment orders, and award/badges orders. 

5.  He served in Vietnam from on or about 23 November 1966 to on or about 4 November 1967.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 69th Armor Regiment, 4th Infantry Division. 

6.  SO Number 91, issued by Headquarters, 4th Infantry Division, on 1 April 1967, awarded him the Combat Infantryman Badge.  The SO listed his SN as "US 58 543 XXX" (the number "8" vice the number "5" in the second digit and the number "5" vice the number "8" in the third digit).

7.  SO Number 309, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, on 5 November 1967 ordered his release from active duty effective that day.  The SO listed his SN as "US 55 843 XXX."

8.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 5 November 1967.  His DD Form 214 shows he completed 1 year, 11 months, and 20 days of active service with no lost time. 

* Item 2 (SN), his SN as "US 55 843 XXX" (the number "8" in the 3rd digit) 
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, one overseas service bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Army Regulation 635-5 (Separation Documents) at the time prescribe policies and procedures regarding separation documents.  Item 2 of the DD Form 214 in effect at the time listed the SN.
10.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received "Excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "Excellent" conduct and efficiency ratings and no convictions by a court-martial.   

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967—29 January 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to the 1st Battalion, 69th Armor Regiment, his unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1966 to 1 August 1967 based on Department of the Army General Orders (DAGO) Number 48, dated 1971 and for service from 1 August 1967 to 28 July 1969 based on DAGO Number 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 31 October 1969 based on DAGO Number 53, dated 1970

14.  Department of the Army Pamphlet states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

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. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows when the applicant was inducted into the AUS he was assigned the SN "US 55 843 XXX."  This SN is consistent with several other documents throughout his military service.  He was honorably released from active duty on 5 November 1967.  The DD Form 214 he was issued correctly listed the second digit as a "5" and the third digit as an "8."  Therefore, the SN on his DD Form 214 is correct and requires no further correction. 

2.  However, the SO that issued him the Combat Infantryman Badge contains an incorrect SN.  The SO listed his SN as "US 58 543 XXX" instead of "US 55 843 XXX."  In other words, the second and third digits were transposed or switched. As such, the orders need to be amended to show the correct SN.  Additionally, the Combat Infantryman Badge is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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

4.  The applicant was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal and correction of his record and DD Form 214 to show the bronze service stars.

5.  The evidence of record confirms that the applicant served honorably during the period 16 November 1965 through 5 November 1967.  He completed a combat tour in the Republic of Vietnam and received "Excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this medal.
6.  The applicant served 12 months in Vietnam and was awarded only one overseas service bar.  He is entitled to two overseas service bars.  Therefore, his DD Form 214 should be corrected to show two (vice one) overseas service bar. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

* amending SO Number 91, issued by Headquarters, 4th Infantry Division, on 1 April 1967 to show his SN as shown on his induction record
* awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 November 1965 through 5 November 1967
* deleting from his DD Form 214 the Vietnam Service Medal and one overseas service bar and adding to his DD Form 214 the :

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two overseas service bars



      _______ _   _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)                                         AR20130021504





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ABCMR Record of Proceedings (cont)                                         AR20130021504



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