IN THE CASE OF:  

		BOARD DATE:  2 December 2014	  

		DOCKET NUMBER:  AR20140005899 


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 81 and the resultant certificate and citation awarding him the Bronze Star Medal to show his social security number (SSN) as "434-xx-xxxx" vice "134-xx-xxx." 

2.  The applicant states the first digit of his SSN should be a "4" instead of a "1." 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* GO Number 81, dated 1 August 1972, with certificate and citation for award of the Bronze Star Medal

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 enlisted in the Regular Army (RA) on 29 February 1968.  His enlistment contract and allied documents listed his SSN as "434-xx-xxx."  

3.  He held military occupational specialty 51N (Water Supply Specialist).  He served in Vietnam from 24 July 1968 to on or about 4 October 1970.  He was assigned to Headquarters Company, 19th Engineer Battalion. 

4.  He was honorably released from active duty on 4 October 1970.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service listed his SSN as "434-xx-xxxx." 

5.  He enlisted in the RA on 25 November 1970.  His enlistment contract and allied documents for this period also listed his SSN as "434-xx-xxx."  He served in Vietnam from 8 December 1970 to 9 July 1972.  He was assigned to the Engineer Region, Military Region II (MRII). 

6.  GO Number 81, issued by Headquarters, Second Regional Assistance Command, on 1 August 1972, awarded him the Bronze Star Medal for meritorious service from 8 December 1970 to 9 July 1972.  The GO together with the certificate and citation listed his SSN as "134-xx-xxxx." 

7.  He was honorably discharged on 21 May 1974 for the purpose of reenlistment.  His DD Form 214 for this period of service listed his SSN as     "434-xx-xxxx."   

8.  He enlisted in the RA on 22 May 1974. He served through multiple reenlistments in a variety of stateside or overseas assignments, including Germany from April 1976 to April 1979, and he attained the rank/grade of sergeant first class (SFC)/E-7.  

9.  He completed the 4-week Primary Leadership Development Course in 1975 and the Basic Noncommissioned Officer Course (BNCOC) in 1988. 

10.  He retired on 31 August 1990 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 September 1990.  His DD Form 214 for this period of service listed his SSN as "434-xx-xxxx."  This form also shows he was awarded or authorized the: 

* National Defense Service Medal
* Army Commendation Medal (1st Oak Leaf Cluster)
* Purple Heart
* Army Good Conduct Medal (7th Award)
* Vietnam Service Medal
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Service Ribbon
* Overseas Service Ribbon
* NCO Professional Development Ribbon with Numeral 1
* Driver and Mechanic Badge
* Recruiter Badge with 3 Gold Achievement Stars

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with Headquarters Company, 19th Engineer Battalion in Vietnam from 24 July 1968 to 4 October 1970, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 3 May to 7 November 1970, by DAGO Number 6, dated 1974. 

12.  Army Regulation 600-8-22 states:

	a.  The Overseas Service Ribbon was established on 10 April 1981.  It is awarded to all members for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	c.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the ribbon with the numeral which identifies the highest level of NCO Education System successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level
   d.  Appendix B of Army Regulation 600-8-22 shows during his two tours in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.   A silver service star denotes five bronze service stars:

* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971
* Consolidation I, 1 July - 30 November 1971
* Consolidation II, 1 December 1971 - 29 March 1972
* Vietnam Ceasefire Campaign, 30 March 1972 - 28 January 1973

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal for meritorious service from 8 December 1970 to 9 July 1972.  It appears the orders and resultant certificate and citation inadvertently listed his SSN as "134-xx-xxxx" vice "434-xx-xxxx."  All documents in his service records show his SSN starting with the number 4.  Therefore, he is entitled to correction of GO Number 81 to show his correct SSN. He is also entitled to the issuance of a new Bronze Star Certificate (which are no longer issued with SSNs).  A citation is no longer issued under current standards. He is also entitled to correction of his DD Form 214 ending on 31 August 1990 to show this award. 

2.  He was awarded the Vietnam Service Medal.  Additionally, he participated in ten campaigns during his service in Vietnam.  Therefore, he is entitled to two silver service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  He completed and received credit for three overseas service tours (two in Vietnam and one in Germany).  This qualifies him for three awards of the Overseas Service Ribbon and correction of his DD Form 214 accordingly. 

4.  He completed two levels of NCOES.  Therefore, he is entitled to correction of his DD Form 214 to show the NCO Professional Development Ribbon with Numeral 2 (vice Numeral 1). 

5.  He served through two qualifying periods for award of the National Defense Service Medal.  Therefore, he is entitled to two awards of the National Defense Service Medal and correction of his DD Form 214 accordingly. 

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 General Orders Number 81, issued by Headquarters, Second Regional Assistance Command, Vietnam, dated 1 August 1972 to show the SSN listed on his DD Form 214
* issuing him a new certificate for award of the Bronze Star Medal for meritorious service from 8 December 1970 to 9 July 1972
* deleting from his DD Form 214 ending on 31 August 1990 the Vietnam Service Medal, National Defense Service Medal, Overseas Service Ribbon, and NCO Professional Development Ribbon with Numeral 1
* adding to his DD Form 214 ending on 31 August 1990 the

* National Defense Service Medal (2nd Award)
* Vietnam Service Medal with two silver service stars
* Bronze Star Medal
* Overseas Service Ribbon (3rd Award)
* NCO Professional Development Ribbon with Numeral 2



      ____________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)                                         AR20140005899



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ABCMR Record of Proceedings (cont)                                         AR20140005899



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