IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140010229
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 Army Commendation Medal (ARCOM) Certificate to show his service number (SN) as US XX 8XX XXX.
2. The applicant states his SN is US XX 8XX XXX, not US XX 6XX XXX.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* ARCOM Certificate, dated 13 November 1968
* Veterans Administration Certificate of Eligibility
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 was inducted into the Army of the United States on
15 December 1966. His induction record shows his SN as US XX 8XX XXX. He served as a medical specialist in Vietnam.
3. Headquarters, 3d Brigade, 82d Airborne Division, General Orders Number 130, dated 12 November 1968, show he was awarded the ARCOM for meritorious achievement in the Republic of Vietnam during the period 31 May 1968 to 31 October 1968. These orders show his SN as US XX 6XX XXX.
4. He provided his ARCOM Certificate, dated 13 November 1968, which shows he was awarded the ARCOM for meritorious achievement in the Republic of Vietnam during the period 31 May 1968 to 31 October 1968. This certificate shows his SN as US XX 6XX XXX.
5. He was released from active duty on 5 December 1968. His DD Form 214 shows his SN as US XX 8XX XXX.
DISCUSSION AND CONCLUSIONS:
The third digit of the applicant's SN is incorrectly recorded in Headquarters, 3d Brigade, 82d Airborne Division, General Orders Number 130, dated 12 November 1968, and his ARCOM Certificate. Therefore, it would be appropriate to correct these orders and award certificate to show his SN as shown on his DD Form 214.
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. amending Headquarters, 3d Brigade, 82d Airborne Division, General Orders Number 130, dated 12 November 1968, to show the SN shown on his DD Form 214; and
b. issuing him a new ARCOM Certificate showing the SN shown on 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) AR20140010229
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010229
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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