IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000749


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:

* his social security number (SSN) as XXX-XX-X9XX 
* award of the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device

2.  The applicant states, in effect, he did not previously notice the incorrect SSN on his DD Form 214 until he applied for Department of Veterans Affairs (VA) benefits.  He further states his DD Form 214 shows award of the Bronze Star Medal but it should show the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device.  

3.  The applicant provides:

* his DD Form 214
* General Orders Number 6635 issued by Headquarters, 1st Infantry Division, on 5 July 1968
* Bronze Star Medal Certificate with an issue date of 7 August 1968
* memorandum issued by Headquarters, 1st Armored Division, on 12 October 1968, subject:  Transmittal of Award 
* social security card
* document from the Social Security Administration pertaining to insurance benefits


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 28 October 1968.  After the completion of military training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his period of military service was sergeant/E-5.  

3.  His records include a DD Form 398 (Statement of Personal History), a DA Form 41 (Record of Emergency Data), and a DA Form 3027 (U.S. Army Request for National Agency Check) that show his SSN as XXX-XX-X9XX. 

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in the Republic of Vietnam from 14 April 1967 to 12 April 1968; and

	b.  item 38 (Record of Assignments), he served with Company B, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, in the Republic of Vietnam. 

5.  He was released from active duty under honorable conditions (general) and transferred to the U.S. Army Reserve on 25 October 1968.  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-X7XX.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* 
Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 

6.  A review of the applicant's record shows he was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam for the period April 1967 to March 1968 by General Orders Number 3211.  

7.  The applicant provided:

	a.  copy of his social security card and a document from the Social Security Administration showing his SSN as XXX-XX-X9XX;

	b.  General Orders Number 6635 issued by Headquarters, 1st Infantry Division, on 5 July 1968, awarding him the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 9 February 1968;

	c.  a Bronze Star Medal Certificate that shows he was awarded the Bronze Star Medal for heroism in ground combat in the Republic of Vietnam on 9 February 1968; and

	d.  a memorandum issued by Headquarters, 1st Armored Division, on 12 October 1968, subject:  Transmittal of Award, addressed to the applicant's unit, directing them to present him with the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device, the certificate, the citation, and the general orders.

8.  Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

9.  His records indicate he is authorized additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on 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.  Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following four campaigns:  

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1968-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)

11.  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 the unit to which the applicant was assigned was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 in Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 in DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his SSN as XXX-XX-X9XX and to show he was awarded a second Bronze Star Medal with "V" Device have been carefully considered.  

2.  The applicant's record contains sufficient evidence to show his SSN is incorrectly entered 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.  General Orders Number 6635 awarded him the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device.  However, his DD Form 214 only reflects his first Bronze Star Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show two awards of the Bronze Star Medal with "V" Device. 

4.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars with his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

5.  General orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show them.  


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 the current SSN shown in item 3 of his DD Form 214 and replacing it with the SSN as shown on his social security card;

	b.  deleting award of the Bronze Star Medal and Vietnam Service Medal with three bronze service stars from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" Device (2nd Award)
* Vietnam Service Medal with four bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ___________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)                                         AR20140011877



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ABCMR Record of Proceedings (cont)                                         AR20150000749



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