IN THE CASE OF:  	  

		BOARD DATE:  1 September 2015	  

		DOCKET NUMBER:  AR20150001862


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-48-XXXX" 
* he was awarded or authorized the Bronze Star Medal, the Army Accommodation Medal (presumed to mean the Army Commendation Medal), and a unit citation
* his marksmanship qualification level as "expert" versus "marksman"

2.  The applicant states that his social security number is wrong and he never received the medals that he is entitled to.  

3.  The applicant provides no additional evidence in support of his request. 

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 enlisted into the Regular Army on 27 July 1964.  After completing his initial entry training, he was awarded military occupational specialty 56A (Supply Handler).  The highest rank/grade he attained during his period of military service was specialist four/E-4.    

3.  His record includes only the following documents that show his SSN:

     a.  Letter Orders Number 07-1031555, issued by Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, which honorably discharged him from the U.S. Army Reserve effective 26 July 1970.  These orders show his SSN as "XXX-58-XXXX."

     b.  Three DD Forms 370 (Request for Report from Employer, School, Personal Reference), which show his SSN as "XXX-48-XXXX."  

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

     a.  item 29 (Qualification in Arms), he was awarded the Expert Qualification Badge on the M-14 rifle;

     b.  item 31 (Foreign Service), he served in the Republic of Vietnam from 
1 October 1965 to 30 September 1966;

     c.  item 38 (Record of Assignments), he served with the 32nd Medical Depot during his service in the Republic of Vietnam, he received all "excellent" conduct and efficiency ratings throughout his active duty service; and

     d.  item 41 (Awards and Decorations), he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and 2 overseas service bars.

5.  He was honorably released from active duty on 21 July 1967 and transferred to the U.S. Army Reserve.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-58-XXXX."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar 

6.  There are no orders or any other evidence in his available military records, nor does he provide any evidence, which indicates he was awarded the Bronze Star Medal or the Army Commendation Medal.  

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required (emphasis added).  

     b.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Table B-1 shows that during his service in Vietnam, campaign participation was awarded for the following three campaigns:  

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)

     d.  Basic marksmanship qualification badges are awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  For example, the rifle qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.

9.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  According to this Department of the Army Pamphlet, the 32nd Medical Depot, the unit to which the applicant was assigned during his service in the Republic of Vietnam, was not cited for any unit awards or citations during the period of his assignment.

12.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm to Headquarters, U.S. Army Vietnam and its subordinate units, for service during the period 20 July 1965 to 28 March 1973. 

13.  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.

14.  His records indicate he is authorized additional awards that are not shown on his DD Form 214.
15.  His record is void of a unit commander's disqualification statement or any court-martial convictions under the Uniform Code of Military Justice that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

16.  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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his SSN as XXX-48-XXXX, and to show he was awarded or authorized the Bronze Star Medal, Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and a unit citation for service in the Republic of Vietnam, were carefully considered.

2.  The evidence of record is not consistent with respect to the applicant's SSN.  Documents in his record shows at least two different SSNs and notwithstanding his sincerity, he has not provided any documented evidence, e.g., a SSN card that establishes his correct SSN.  

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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record a different SSN on his separation document, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  In view of the foregoing, there is an insufficient basis to grant this portion of the requested relief.

4.  The applicant served honorably from 27 July 1964 to 21 July 1967.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service and his record is void of any courts-martial convictions or a commander's disqualification for the initial 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 of 27 July 1964 to 21 July 1967, and to correct his DD Form 214 to show this award.  

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

6.  DAGO Number 8, dated 1974, cited all units in Republic of Vietnam for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his period of service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  There are no orders or any other evidence that shows he was awarded the Bronze Star Medal, or the Army Commendation Medal.  Therefore, absent evidence to the contrary, there is an insufficient basis to correct his DD Form 214 to show these awards.

8.  While the available evidence is insufficient for correcting his DD Form 214 to show he was awarded either the Bronze Star Medal or the Army Commendation Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of   10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
27 July 1964 to 21 July 1967;
     b.  amending his DD Form 214 by deleting the Vietnam Service Medal and the Marksman (Rifle) and adding the:

* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross Unit Citation with Palm 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined that 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 correcting his DD Form 214 to show his SSN as "XXX-48-XXXX," or to show he was awarded or authorized the Bronze Star Medal or the Army Commendation Medal.  



      ____________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)                                         AR20150001862



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