BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140013741 


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 below documents from "153-x3-xxxx" to "163-x2-xxxx:" 

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Honorable Discharge Certificate
* Certificate awarding him the Air Medal
* Certificate awarding him the Army Commendation Medal
* Certificate awarding him the Bronze Star Medal

2.  The applicant states typographical errors were made.

3.  The applicant provides:

* Social security card
* Department of Veterans Affairs Certificate of Eligibility
* Certificate of Accelerated Advancement to Private E-2
* DD Form 214
* Honorable Discharge Certificate
* Certificate awarding him the Air Medal
* Certificate awarding him the Army Commendation 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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) but did not list his SSN. 

3.  He was inducted into the AUS on 24 March 1970.  His DD Form 47 (Record of Induction) listed his SSN as "153-x3-xxxx."  On the same date, he was issued Special Orders (SO) Number 60 by the Armed Forces Examining and Entrance Station, Philadelphia, PA, ordering him to training.  The orders listed his SSN as "163-x3-xxxx." 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "153-x3-xxxx."

5.  He served in Vietnam from 3 September 1970 to 2 September 1971.  He was assigned to:

* 2nd Battalion, 7th Cavalry, 1st Cavalry Division, from 18 September 1970 to 16 March 1971
* 5th Battalion, 46th Infantry, from 27 March to 16 May 1971
* 1st Squadron, 1st Cavalry, from 17 May to 28 August 1971

6.  Headquarters, 1st Cavalry Division, published the following General Orders (GO) awarding him the below-listed awards: 

* GO Number 2488, 7 February 1971, Air Medal for meritorious achievement from September 1970 to March 1971; the GO and resulting certificate listed his SSN as 163-x2-x5xx
* GO Number 4287, 1 March 1971, Army Commendation Medal for meritorious service from September 1970 to March 1971; the GO and resulting certificate listed his SSN as 153-xx-xxxx 
* GO Number 4429, 2 March 1971, Bronze Star Medal for meritorious achievement from 13 January to 13 March 1971; the GO and resulting certificate listed his SSN as 153-x3-xxxx 

7.  Headquarters, 23rd Infantry Division, published GO Number 04977 on 2 May 1971 awarding him the Army Commendation Medal from 1 October 1970 to 31 March 1971.  The GO listed his SSN as 163-x2-xxxx.

8.  His records contain multiple documents showing both SSNs: 

* DA Form 1-1 (Personnel Data Change Report), 153-x3-xxxx
* 1970 W-2 Form, 163-x2-x7x8
* Armed Forces Fingerprint Card, 163-x2-xxxx
* DD Form 1584 (National Agency Check), 163-x2-xxxx
* DA Form 137 (Installation Clearance Papers), 153-x3-xxxx
* DA Form 428 (Application for Identification Card), 163-x2-xxxx
* DA Form 41 (Record of Emergency Data), 163-x2-xxxx
* VA Form 29-2826 (SGLI Certificate), 163-x2-xxxx
* Standard Form 88 (Report of Medical Examination), 163-x2-xxxx
* Standard Form 601 (Immunization Record), 153-x3-xxxx
* SO Number 201 (permanent change of station), 163-x2-xxxx
* SO Number 233 (release from active duty), 153-x3-xxxx

9.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 26 November 1971.  He completed 1 year, 8 months, and 3 days of active service with no lost time.  His DD Form 214 shows in:

* Item 3 (SSN) his SSN as 153-x3-xxxx
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Air Medal
* Army Commendation Medal
* two overseas service bars
* Vietnam Campaign Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Launcher Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar           (.45 Caliber)

10.  On 27 February 1976, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO published Letter Orders Number 02-1029274 ordering his honorable discharge from the Army effective 1 March 1976.  The orders listed his SSN as 153-x3-xxxx.  He was issued an Honorable Discharge Certificate listing his SSN as 153-x3-xxxx.

11.  He provides a social security card listing a name similar to his with the SSN as 163-x2-xxxx.  He also provides a VA Certificate of Eligibility listing a similar SSN.

12.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

14.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below 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.

* Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971
* Consolidation I, 1 July 1971—30 November 1971

15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 5th Battalion, 46th Infantry, from 27 March to 16 May 1971, in Vietnam, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1971 to 9 October 1971 by DAGO Number 6, dated 1974.

16.  DA Pamphlet 672-3 also shows during his service with the 1st Squadron, 1st Cavalry, from 17 May to 28 August 1971, in Vietnam, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 8 February 1971 to 30 April 1971 by DAGO Number 42, dated 1972.

17.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not disclose an SSN upon his induction into the AUS.  Some of his personnel documents listed his SSN as 153-x3-xxxx while others listed it as 163-xx-xxxx.  It appears he listed his SSN as 163-x2-xxxx on the documents he personally completed and/or signed.  This SSN is consistent with the social security card he provides.  Therefore, there is sufficient evidence to confirm and correct his SSN to 163-x2-xxxx.  As a result: 

	a.  He is entitled to correction of item 3 of his DD Form 214 to show his SSN as "163-x2-xxxx" instead of "153-x3-xxxx."

	b.  He is entitled to correction of GO Number 4287, issued by Headquarters, 1st Cavalry Division, on 1 March 1971, awarding him the Army Commendation Medal for meritorious service from September 1970 to March 1971, to show his SSN as 163-x2-xxxx.  Additionally, the current award certificates issued by the Army do not show an SSN.  An appropriate remedy is to issue the applicant a new certificate for this award.

	c.  He is entitled to correction of GO Number 4429, issued by Headquarters, 1st Cavalry Division, on 2 March 1971, awarding him the Bronze Star Medal for meritorious achievement from 13 January to 13 March 1971, to show his SSN as 163-x2-xxxx.  Again, an appropriate remedy is to issue the applicant a new certificate for this award.

	d.  He is entitled to correction of GO Number 2488, issued by Headquarters, 1st Cavalry Division, on 7 February 1971, awarding him the Air Medal for meritorious achievement from September 1970 to March 1971, to show his SSN as 163-x2-xxxx.  Again, an appropriate remedy is to issue the applicant a new certificate for this award.

	e.  Although the current version of the Honorable Discharge Certificate also does not list an SSN, as an appropriate remedy, the applicant should be issued a new Honorable Discharge Certificate. 

2.  He was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these stars.

3.  GO awarded him a second award of the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

4.  GO awarded two of his units in Vietnam each the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  He served honorably from 24 March 1970 through 26 November 1971.  He served in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:
* deleting the current entry in item 3 of his DD Form 214 and adding the SSN as shown on his social security card (163-x2-xxxx)
* amending GO Number 4287, issued by Headquarters, 1st Cavalry Division, on 1 March 1971, awarding him the Army Commendation Medal, to show his SSN as 163-x2-xxxx, and issuing him a new certificate for this award
* amending GO Number 4429, issued by Headquarters, 1st Cavalry Division, on 2 March 1971, awarding him the Bronze Star Medal, to show his SSN as 163-x2-xxxx, and issuing him a new certificate for this award
* amending GO Number GO Number 2488, issued by Headquarters, 1st Cavalry Division, on 7 February 1971, awarding him the Air Medal to show his SSN as 163-x2-xxxx and issuing him a new certificate for this award 
* issuing him a new Honorable Discharge Certificate, effective 1 March 1976
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 March 1970 through 26 November 1971
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal and Army Commendation Medal
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Army Commendation Medal (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation            (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)                                         AR20140013741



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013741



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1