IN THE CASE OF:	  

		BOARD DATE:	 27 August 2015 

		DOCKET NUMBER:  AR20150001800 


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 correct social security number (SSN) and award of the Army Commendation Medal (ARCOM).

2.  The applicant states that his SSN is incorrect on his DD form 214 and it does not show he was awarded the ARCOM.

3.  The applicant provides:

* his DD Form 214 
* General Orders Number 5714
* his 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, and 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 enlisted in the Regular Army on 7 June 1968.  He served in Vietnam from 9 December 1968 to 8 December 1969.

3.  Item 19 (Social Security Account Number) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as XXX-XX-X011 (the last number appears to be handwritten).

4.  The following documents contained in his available military personnel records, show his SSN consistently appears as XXX-XX-X010:

* DA Form 20 (Enlisted Qualification Record) 
* General Orders Number 5714, dated 7 November 1969
* DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement), dated 3 June 1971

5.  His record contains a DA Form 20 that lists the following in:
	a.  item 31 (Foreign Service) he served in Vietnam from 9 December 1968 to 8 December 1969;

	b.  item 38 (Record of Assignments) while serving in Vietnam he was assigned to the:

		(1)  391st Transportation Detachment from 14 December 1968 to 21 January 1969; and 

		(2)  68th Assault Helicopter Company from 22 January to 7 December 1969.

	c.  item 41 (Awards and Decorations) does not show award of the ARCOM.

6.  His record contains and he submitted General Orders Number 5714, dated 7 November 1969, that show he was awarded the ARCOM for meritorious service from December 1968 to December 1969.

7.  On 4 June 1971, he was honorably released from active duty after serving 2 years, 11 months, and 28 days of total active service.  The DD Form 214 he was issued shows in:

	a.  item 3 (SSN) his SSN as XXX-XX-X010; and

	b.  item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the ARCOM.  Among his awards shown is the Vietnam Service Medal.

8.  He submitted his social security card which shows his SSN as "XXX-XX-X101."

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  The regulation provided that 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 that all awards and decorations would be entered in item 24.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized for this award for each Vietnam campaign a Soldier receives participation credit.

11.  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 four campaigns:

* Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive (23 February – 8 June 1969)
* Summer-Fall 1969 (9 June – 31 October 1969)
* Fall-Winter 1970 (1 November 1969 – 30 April 1970)

12.  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.

DISCUSSION AND CONCLUSIONS:

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

2.  Documents in his records show he used SSN XXX-XX-X010 during his active duty service.

3.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  

4.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his DD Form 214 and the SSN shown on his social security card.

5.  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.

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

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

	b.  adding the ARCOM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with four bronze service stars to his DD Form 214.

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 amending item 3 of his DD Form 214 to show his SSN as XXX-XX-X101.



      _______ _   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)                                         AR20150001800



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ABCMR Record of Proceedings (cont)                                         AR20150001800



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