IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140011817 


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 award of the Army Commendation Medal (ARCOM) with "V" Device.  He also requests correction of the social security number (SSN) on his DD Form 214.

2.  The applicant states the evidence he submitted proves the errors.

3.  The applicant provides his:

* DD Form 214
* orders
* social security card

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 was inducted into the Army of the United States on 30 August 1966.

3.  A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his SSN consistently appears as XXX-XX-XXX4.
4.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
	a.  item 31 (Foreign Service), he served in Vietnam from 20 February 1967 to 19 February 1968;

	b.  item 38 (Record of Assignments), while serving in Vietnam he was assigned to Company A, 3rd Battalion, 21st Infantry Regiment, 196th Light  Infantry Brigade performing duties in military occupational specialty 11B (Light Weapons Infantryman) from 26 February 1967 to 14 February 1968; and

	c.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

5.  His record contains and he submitted General Orders Number 1072, dated 
29 February 1968, which show he was awarded the ARCOM with “V” Device for heroism in Vietnam on 9 January 1968.

6.  On 8 August 1968, he was honorably released from active duty after serving 1 year, 11 months, and 9 days of total active service.  The DD Form 214 he was issued shows in:

	a.  item 3 (SSN) his SSN as XXX-XX-XXX9; and

	b.  item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  He submitted his social security card which shows his SSN as "XXX-XX-XXX4."

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  The regulation provided that:

	a.  the Soldier's SSN would be entered in item 3 of the DD Form 214 and would be taken from the military personnel and pay records; and 

	b.  all awards and decorations would be entered in item 24.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.
10.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict and shows that during the applicant's period of service in Vietnam, participation credit was awarded for the following three campaigns:

* Counteroffensive, Phase II (1 June 1966 - 31 May 1967)
* Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

11.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the ARCOM with “V” Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Documents in his military personnel record correctly show his SSN as XXX-XX-XXX4; however, it appears his SSN was incorrectly transcribed on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the SSN as shown on his social security card.
3.  The available evidence confirms the applicant served in the Army from          30 August 1966 to 8 August 1968.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 30 August 1966 to 
8 August 1968 and correct his DD Form 214 to show this medal.

4.  General orders show the unit the applicant was assigned to in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

5.  Records show the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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:
	a.  deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his social security card;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period of service FROM  30 August 1966 to 8 August 1968;

	c.  deleting the Vietnam Service Medal from his DD Form 214; and 


	d.  adding the Army Commendation Medal with "V" Device, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with three bronze service stars to his DD Form 214.



      _______ _   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)                                         AR20140011817





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ABCMR Record of Proceedings (cont)                                         AR20140011817



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