BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009287
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 (Report of Separation from Active Duty) for the period ending 1 September 1972 to show:
a. his social security number (SSN) as XXX-76-XXXX and
b. award of the Bronze Star Medal (BSM).
2. The applicant states, in effect:
* his SSN is correct on his DD Form 214 for the period ending 16 February 1969
* his SSN is incorrect on his DD Form 214 for the period ending 1 September 1972
* the BSM is missing from his DD Form 214 for the period ending 1 September 1972
3. The applicant provides:
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* social security card
* California driver's license
* Medicare Health Insurance identification card
* BSM Citation
* DD Form 214 for the period ending 16 February 1969
* DD Form 214 for the period ending 1 September 1972
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 DD Form 47 (Record of Induction) shows his SSN as
XXX-76-XXXX. He was inducted into the Army of the United States on 11 February 1969. On 16 February 1969, he was honorably discharged for the purpose of enlistment in the Regular Army. His DD Form 214 for the period ending 16 February 1969 shows his SSN as XXX-76-XXXX.
3. He enlisted in the Regular Army on 17 February 1969 for 3 years. He served in Vietnam from 6 March 1970 to 23 January 1971.
4. He provided a BSM Citation which shows he was awarded the BSM for meritorious service in the Republic of Vietnam during the period 1 April 1970 to 31 December 1970.
5. It appears he provided a BSM Certificate, dated 3 January 1970, which shows he was awarded the BSM for meritorious achievement during the period 1 April 1970 to 31 December 1970, with his discharge upgrade request.
6. On 1 September 1972, he was discharged. His DD Form 214 for the period ending 1 September 1972 shows his SSN as XXX-78-XXXX. This DD Form 214 does not show the BSM as an authorized award.
7. There are no orders for award of the BSM in the available evidence; his DA Form 20 (Enlisted Qualification Record) does not show it as an authorized awards. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Military Awards Branch, failed to reveal any orders for the BSM pertaining to the applicant.
8. He provided a copy of his social security card that shows his SSN as
XXX-76-XXXX.
9. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's induction record shows he recorded his SSN as
XXX-76-XXXX in 1969, the same SSN shown on his social security card. Therefore, it would be appropriate to correct his DD Form 214 for the period ending 1 September 1972 accordingly.
2. There are no orders for the BSM in the available records. In the absence of orders, the BSM Citation and Certificate provided by the applicant is not sufficient as a basis for adding the BSM to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 deleting the current SSN entry from his DD Form 214 for the period ending 1 September 1972 and replacing it with the SSN shown on his social security card.
2. The Board further determined 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 adding award of the BSM to his DD Form 214 for the period ending 1 September 1972.
__________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) AR20140009287
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ABCMR Record of Proceedings (cont) AR20140009287
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