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ARMY | BCMR | CY2014 | 20140002851
Original file (20140002851.txt) Auto-classification: Approved

		IN THE CASE OF:  	  

		BOARD DATE:  9 October 2014    	  

		DOCKET NUMBER:  AR20140002851 


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 General Orders (GO) Number 17470 and resulting certificate, awarding him the Bronze Star Medal with "V" Device, to show the last four digits of his social security number (SSN) as "4198" vice "3245."

2.  The applicant states the last four digits of his SSN are incorrectly listed on the GO awarding him the Bronze Star Medal with "V" Device. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214 - Report of Separation from Active Duty)
* GO Number 17470 

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.  In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed his SSN as "xxx-xx-4198." 

3.  He enlisted in the RA on 29 July 1969.  His DD Form 4 (Enlistment Contract-Armed Forces of the United States) listed his SSN as "xxx-xx-4198." 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty along with multiple other documents that were prepared throughout his military service listed his SSN as "xxx-xx-4198."

5.  He served in Vietnam from 12 January 1970 to 4 December 1970.  He was assigned to 1st Battalion, 7th Cavalry.  

6.  While in Vietnam, he was awarded multiple achievement, valor, and service awards, all listing his SSN as "xxx-xx-4198," with the exception of GO Number 17470 awarding him the Bronze Star Medal with "V" Device. 

7.  GO Number 17470, issued by Headquarters, 1st Cavalry Division, awarded him the Bronze Star Medal with "V" Device for heroism on 13 September 1970.  The GO listed his SSN as "xxx-xx-3245." 

8.  He was honorably released from active duty on 28 July 1971.  His DD Form 214 listed his SSN as "xxx-xx-4198" as well as his awards, including the Bronze Star Medal with "V" Device. 

9.  Army Regulation 600-8-22 (Military Awards) governs the issuance of awards. The current version of the regulation provides for the issuance of a certificate without the SSN.

DISCUSSION AND CONCLUSIONS:

1.  Upon his enlistment in the RA, the applicant listed his SSN as "xxx-xx-4198."  This SSN is consistent with the SSN used throughout his military service.  It appears when he was awarded the Bronze Star Medal with "V" Device for heroism, an incorrect SSN was listed on the GO.  Therefore, he is entitled to correction of these orders to show the correct SSN.  

2.  He is also entitled to the issuance of a certificate showing award of the Bronze Star Medal with "V" Device.  However, current certificates do not list a Soldier's SSN. 

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 GO Number 17470, issued by Headquarters, 1st Cavalry Division, on 27 September 1970, to show the SSN listed on his DD Form 214
* issuing him a certificate showing award of the Bronze Star Medal with "V" Device with his name



      ____________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)                                         AR20140002851



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ABCMR Record of Proceedings (cont)                                         AR20140002851



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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