IN THE CASE OF:  	  

		BOARD DATE:  21 May 2015	  

		DOCKET NUMBER:  AR20150008219 


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-9176" vice "xxx-xx-5176"
* his date of entry as "2 May 66" vice "2 May 666"
* all awards and decorations he earned as a result of his service 

2.  The applicant states his SSN is shown with the number 9 typed over the number 5 in the sixth digit, his year of entry is shown as "666" vice "66," and he is entitled to awards such as the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides his DD Form 214, Department of Veterans Affairs rating decision, and Enlistment Contract.

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 enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) but he did not list an SSN on this form.  

3.  His records show he enlisted in the RA on 2 May 1966.  His DD Form 4 (Enlistment Record) listed his service number; it did not list his SSN.  He appears to have been trained in and held military occupational specialty 76W (Petroleum Storage Specialist). 

4.  His DA Form 20 (Enlisted Qualification Record) which would have shown his chronological record of assignments is not available for review with this case and his service record contains very little documentation pertaining to his active duty service.  However, it appears he completed 1 year of foreign service in Vietnam.  His exact dates of service are unknown.  

5.  Based on medical documents and other service records, it appears he served in Vietnam from around March 1967 to around March 1968.  It also appears he was assigned or attached to the 13th Aviation Battalion. 

6.  It also appears that following his Vietnam tour he was assigned to the 627th Supply and Service Battalion, Fort Bragg, NC.  In April 1968, he requested a compassionate reassignment and in May 1968, his request was approved for assignment to Headquarters and Headquarters Company, U.S. Army Garrison, Fort Hamilton, NY.  

7.  His records contain at least two documents (Disposition Form and Record of Emergency Data) that listed his SSN as "xxx-xx-9176." 

8.  On 1 May 1969, Headquarters, U.S. Army Personnel Center, Fort Hamilton, NY, published Special Orders Number 85 ordering his separation.  The orders listed his SSN as "xxx-xx-4176." 

9.  He was honorably released from active duty at Fort Hamilton, NY, in the rank/grade of specialist four/E-4 on 1 May 1969 and he was transferred to the U.S. Army Reserve to complete his remaining service requirements.  

10.  His DD Form 214 shows he completed 3 years of creditable active service with no lost time. It also shows in:

* Item 3 (SSN) – "xxx-xx-5176"
* Item 17c (Date of Entry) – "2 May 666"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: 

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

11.  Department of the Army General Orders Number 8, dated 1974, announced award of 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.

12.  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.  His service in Vietnam coincided with the following three campaigns:

* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968

DISCUSSION AND CONCLUSIONS:

1.  The SSN the applicant states is correct (xxx-xx-9176) was recorded in his records during his service.  It appears when his DD Form 214 was processed two numbers were inadvertently typed on top of each other in the sixth digit.  Therefore, as a matter of clarity, item 3 of his DD Form 214 should be corrected to show his SSN as "xx-xx-9176."

2.  The applicant enlisted in the Regular Army on 2 May 1966 and he was honorably released from active duty on 1 May 1969.  It appears when his DD Form 214 was processed the number "666" was inadvertently typed in the year block of his date of entry.  Therefore, item 17c of his DD Form 214 should be corrected to show his date of entry year as "66" vice "666."   

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award. 

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

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 amending his DD Form 214 as follows: 

* delete from item 3 the existing entry and add a similar entry but with the number "9" in the sixth digit
* delete from item 17c the entry "2 May 666" and add the entry "2 May 66"
* delete from item 24 the Vietnam Service Medal and add the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20150008219



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ABCMR Record of Proceedings (cont)                                         AR20150008219



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