IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140007016
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 the social security number (SSN) shown on the orders and certificate that awarded him the Bronze Star Medal (BSM).
2. The applicant states, in effect, an administrative error was made when he received the BSM. The SSN "XXX-XX-XX56," which is currently shown on the orders and certificate, should be corrected to "XXX-XX-XX46." He needs these two documents corrected for the cemetery records at the Department of Veterans Affairs (VA).
3. The applicant provides a self-authored note, a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a general order, an award certificate, and a picture of a Bronze Star Medal with a "V" device.
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 Regular Army on 31 July 1968.
3. His records show he consistently used "XXX-XX-XX46" as his SSN throughout his period of military service.
4. He was awarded the BSM on Headquarters, 25th Infantry Division General Orders Number 12078, dated 27 September 1969. On both the orders and the corresponding award certificate, his SSN is shown as "XXX-XX-XX56."
5. On 5 March 1970, he was honorably released from active duty. His DD Form 214 shows his SSN as "XXX-XX-XX46."
6. Army Regulation 600-8-22 (Military Awards) provides policy and procedures for awards and decorations. Awards certificates no longer include the recipient's SSN.
DISCUSSION AND CONCLUSIONS:
The evidence indicates an administrative error was made when his SSN was place on the orders and corresponding certificate that awarded him the BSM. Therefore, it would be appropriate to correct these incorrect SSNs at this time. Because of current policy, however, the SSN should not be reflected on the BSM certificate.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 Headquarters, 25th Infantry Division General Orders Number 12078, dated 27 September 1969, to show his SSN as it is shown on his DD Form 214, and issue him a new BSM award certificate that does not show his SSN.
____________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) AR20140007016
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007016
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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