IN THE CASE OF: BOARD DATE: 23 September 2014 DOCKET NUMBER: AR20140002451 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 in: * Item 3 (social security number (SSN)) the sixth digit of his SSN as an "8" instead of a "3" * Item 9 (Date of Birth (DOB)) to show the year of birth as "1947" instead of "1944" * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to delete the Bronze Star Medal and add the Air Medal and Army Commendation Medal 2. The applicant states, in effect, his SSN is "XXX-XX-8XXX" and his DOB is XX July 1947. He was awarded the Air Medal and Army Commendation Medal. He was not awarded the Bronze Star Medal. 3. The applicant provides General Orders (GO) Number 4560 and 1510 and a copy of his DD Form 214. 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant was inducted into the Army of the United States (AUS) on 1 September 1966. At the time of his induction, he was assigned and identified by a service number starting with "US" for United States. He served in military occupational specialty 11B (light weapons infantryman). His records contain the following: * DD Form 47 (Record of Induction), dated 1 September 1966, which lists his DOB as XX July 1947 and does not list his SSN * DD Form 398 (Statement of Personal History), dated 7 September 1966, which lists his DOB as XX July 1947 and his SSN as "XXX-XX-8XXX" * DA Form 41 (Record of Emergency Data), dated 26 April 1968, which lists his DOB as XX July 1947 and his SSN as "XXX-XX-8XXX" * DA Form 20 (Enlisted Qualification Record), dated 26 April 1968, which lists his DOB as XX July 1947 and his SSN as "XXX-XX-8XXX" 3. Special Orders (SO) Number 284, dated 16 October 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam from 27 March 1967 through 26 March 1968, during three campaigns. He was assigned to: * Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from 1 April 1967 to 1 August 1967 * Headquarters and Headquarters Company (HHC), 1st Cavalry Division, from 2 August 1967 to 22 March 1968 5. Headquarters, 1st Cavalry Division, published the following GO: * GO Number 4560, on 10 August 1967, awarding him the Air Medal for meritorious achievement from March 1967 to August 1967 * GO Number 1510, issued on 15 March 1968, awarding him the Army Commendation Medal for meritorious service in Vietnam from March 1967 to March 1968 6. He was honorably released from active duty in pay grade E-5 on 9 August 1968 and he was transferred to the U.S. Amy Reserve (USAR) Control Group (Annual Training). He was credited with completing 1 year, 11 months, and 9 months of net active service. His DD Form 214 lists in: * Item 3 his SSN as "XXX-XX-3XXX * Item 9 his DOB as XX July 1944 * Item 24 the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * two overseas service bars * Bronze Star Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 7. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service * Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Air Medal and Marksman Marksmanship Qualification Badge with Rifle Bar; it does not list the Bronze Star Medal 8. There are no orders in his personnel records recommending him for and/or authorizing or awarding him the Bronze Star Medal during his period of service. 9. Letter Orders Number 07-1259805, dated 29 July 1972, discharged him from the USAR on 31 August 1972. The orders list his SSN as "XXX-XX-8XXX." 10. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Bronze Star Medal pertaining to the applicant. 11. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 3 would list the SSN verified in the Soldier's records * Item 9 would list the DOB verified in the Soldier's record * Item 24 would list all awards authorized 12. 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 the first award only, 1 year service entirely during the period 7 December 1941 through 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. There must have been no convictions by a court-marital. 13. Army Regulation 600-8-22 (Military Award) states: a. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or 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. b. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. 14. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to the 1st Battalion, 7th Cavalry Regiment, from 1 April 1967 to 1 August 1967, his unit was cited for award of the were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 17 November 1965 to 19 May 1969, by DAGO Number 59, dated 1969. 15. This pamphlet also shows during his assignment to HHC, 1st Cavalry Division, from 2 August 1967 to 22 March 1968, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 9 August 1965 to 19 May 1969, by DAGO Number 59, dated 1969. 16. DA Pamphlet 672-3 states no more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized to wear, official military and historical records will indicate all awards received. DISCUSSION AND CONCLUSIONS: 1. All documents in the applicant's military personnel records, to include the DD Form 398 and DA Form 41, list his DOB as XX July 1947 and his SSN as "XXX-XX-8XXX. It appears his DD Form 214 contains typographical errors pertaining to his DOB and SSN. Therefore, he is entitled to correction of items 3 and 9 of his DD Form 214 to list the year of his birth as "1947" and the sixth digit of his SSN as an "8" instead of a "3." 2. GO awarded him the Air Medal and Army Commendation Medal during his period of service in Vietnam. Therefore, he is entitled to these awards and their addition to his DD Form 214. 3. With regard to deletion of the Bronze Star Medal from item 24 of his DD Form 214, it is the policy of this Board not to correct an administrative error if the correction would result in a less favorable action to the applicant. However, since he specifically requested this action, the Board will honor his request. There was no evidence found either in his service personnel record to support the authorization or award of the Bronze Star Medal to him during his period of service. Therefore, he is entitled to its deletion from his DD Form 214. 4. The evidence of records shows he received "excellent" conduct and efficiency rating during his period of active duty and attained the rank of pay grade E-5. Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service 1 September 1966 through 9 August 1968 and its addition to his DD Form 214. 5. SO awarded him Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, his DD Form 214 should be corrected to show this badge. 6. He served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars. 7. GO awarded his units in Vietnam one each award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. The regulation provides that, although multiple awards of this unit citation are not authorized to wear, official military and historical records will indicate all awards received. Therefore, he is entitled to correction of his DD Form 214 to show the two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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: * deleting from item 3 of the applicant's DD Form 214 the sixth digit of "3" of the SSN listed and replacing it with an "8" * deleting from item 9 of this DD Form 214 the year of "1944" of the DOB listed and replacing it with the year of "1947" * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 1 September 1966 through 9 August 1968 * deleting from his DD Form 214 the Vietnam Service Medal and Bronze Star Medal * adding to this DD Form 214 the: * Air Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) _______ _ _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) AR20140002451 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002451 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1