BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140008192 


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 he is authorized two Meritorious Unit Commendations (MUC) and to show his social security number (SSN) as "X8X-XX-XXXX" vice "X3X-XX-XXXX."

2.  The applicant states two of the units he served with in Vietnam were awarded the MUC for the period during which he was assigned; however, these unit awards were not presented until after he left the unit.  His SSN is not listed correctly on his DD Form 214.

3.  The applicant provides:

* his social security card
* Special Orders (SO) Number 128, issued by the 87th Engineer Battalion (Construction) on 4 June 1967
* a letter of recommendation for award of the MUC, dated 3 May 1967
* General Orders (GO) Number 4534, issued by Headquarters, U.S. Army Vietnam on 6 September 1967
* GO Number 2189, issued by Headquarters, U.S. Army Vietnam on         21 June 1969
* a paragraph referencing the 39th Engineer Contracts Management and Procurement (CM&P)
* an extract of his DA Form 20 (Enlisted Qualification Record)
* his DD Form 214

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 30 December 1965, held military occupational specialty 62F (Crane Operator), and attained the rank/grade of specialist five (SP5)/E-5.

3.  His DA Form 20 shows he was assigned to the 39th CM&P Detachment, 864th Engineer Battalion, Vietnam from 20 August 1966 to 20 August 1967.  This form also shows his SSN as "X3X-XX-XXXX."

4.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) on 17 December 1968.  His DD Form 214 shows his SSN was listed as "X3X-XX-XXXX," he completed 2 years, 11 months, and 18 days of total active service, of which 1 year and 1 day was credited as foreign service, and he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* 2 overseas service bars

5.  Letter Orders Number 12-1316331, issued by the Reserve Components Personnel and Administration Center, St, Louis, MO on 15 December 1971, honorably discharged him from the USAR.  These orders show his SSN as "X8X-XX-XXXX."

6.  The social security card he provided lists his name and the SSN "X8X-XX-XXXX."

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in 
Vietnam.  This pamphlet shows:

	a.  Headquarters, U.S. Army Vietnam and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Orders (DAGO) Number 8, dated 1974.

	b.  The 864th Engineer Battalion was twice cited for award of the MUC:

		(1)  for the period 1 May 1965 to 28 February 1967, by DAGO Number 17, dated 1968; and 

		(2)  for the period 1 March 1967 to 31 December 1967, by DAGO Number 39, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded his unit of assignment in Vietnam the MUC (2nd Award) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

2.  The evidence of record shows he participated in two campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

3.  With the exception of his discharge orders, his SSN is listed throughout his records as "X3X-XX-XXXX."  However, his discharge orders and his social security card show his SSN as "X8X-XX-XXXX."  It is likely that his SSN was incorrectly entered in his record early in his service and the error continued until he was discharged from the USAR.  It is apparent that the error was discovered and corrected during his period of military service.  Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as "X8X-XX-XXXX" as shown on his Social Security Card

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 his DD Form 214 to -  

	a.  reflect the SSN listed on his social security card;

	b.  delete the Vietnam Service Medal; and

	c.  add the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (2nd Award)



      __________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)                                         AR20140008192





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ABCMR Record of Proceedings (cont)                                         AR20140008192



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