IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140005040
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 social security number (SSN) on his Army Commendation Medal orders, certificate, and citation.
2. The applicant states the wrong SSN is shown on these documents.
3. The applicant provides orders, a certificate, and a citation.
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 enlisted in the Iowa Army National Guard (IAARNG) on 12 February 1964. His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows only his assigned service number and not his SSN.
3. His DA Form 20 (Enlisted Qualification Record), created upon his entry into the ARNG, shows his SSN as 480-XX-XXX.
4. He entered active duty on 13 May 1968 as a member of his ARNG unit at Fort Carson, CO. His record contains several personnel documents that show his SSN as it is shown on his DA Form 20.
5. The applicant provides and his record contains General Orders (GO) Number 303, dated 17 November 1969, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, awarding him the Army Commendation Medal. These orders show his SSN as 429-XX-XXX (a SSN completely different than the SSN shown on his DA Form 20).
6. He also provides the certificate and citation for this Army Commendation Medal wherein his SSN is listed as 429-XX-XXXX.
7. He was honorably released from active duty on 12 December 1969 to the control of the IAARNG. Item 3 (SSN) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows his SSN as 480-XX-XXX. His DD Form 214 also shows award of the Army Commendation Medal.
8. Army Regulation 600-8-22 (Military Awards) contains the procedures for processing and issuing awards, to include the Army Commendation Medal. It states, in part, orders will be published for approved awards and the Soldier will be presented with an award certificate. SSNs will not be placed on award certificates. There are no procedures for re-issuing award citations.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the wrong SSN was listed on the GO awarding the applicant the Army Commendation Medal. In addition, the same incorrect SSN was listed on the Army Commendation Medal Certificate. Therefore, he is entitled to the correction of GO Number 303 to show his correct SSN and the issuance of a new Army Commendation Medal Certificate. It is noted that under current standards the SSN is not shown on the certificate.
2. With respect to the citation for his Army Commendation Medal, under current Army standards citations to awards are no longer issued. Therefore, he is not entitled to this portion of the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* amending GO Number 303, dated 17 November 1969, by deleting the SSN shown for the applicant and replacing it with the SSN as shown on his DD Form 214
* issuing the applicant a new Army Commendation Medal Certificate
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the correction of the citation for the Army Commendation Medal.
_______ _ __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) AR20140005040
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ABCMR Record of Proceedings (cont) AR20140005040
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