IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003756 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: a. all of his military records to show his social security number (SSN) as XXX-XXX-xxxx and b. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Army Commendation Medal (ARCOM). 2. The applicant states he did not notice the errors until he filed a claim with the Department of Veterans Affairs. 3. The applicant provides: * letter from the U.S. Army Administration Center, dated 18 March 1971 * letter from the U.S. Army Reserve Components Personnel and Administration Center (formerly known as the U.S. Army Administration Center), dated 23 March 1973 * Honorable Discharge Certificate from the U.S. Army Reserve (USAR) * DD Form 214 * reassignment orders, dated 29 March 1968 * USAR discharge orders, dated 19 April 1972 * 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, 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 25 May 1966. He completed his training and was awarded military occupational specialty 13B (field artillery crewman). 3. His DA Form 41 (Record of Emergency Data), dated 23 May 1967, shows his SSN as XXX-XX-xxxx. 4. Records show: * he arrived in Vietnam on 1 May 1967 * he was assigned to Battery A, 6th Battalion, 77th Artillery Regiment, in Vietnam from 1 May 1967 to on or about 22 April 1968 * he participated in four campaigns during his assignment in Vietnam 5. Headquarters, 25th Infantry Division, Special Orders Number 89, dated 29 March 1968, reassigning him for transfer to the continental United States and showing his SSN as XXX-XX-xxxx. 6. Headquarters, 25th Infantry Division, General Orders Number 2875, dated 9 April 1968, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period May 1967 to April 1968. 7. On 27 April 1968, he was honorably released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 3 days of creditable active service with no lost time. 8. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-xxxx. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal (VSM) * Republic of Vietnam Campaign Medal with Device (1960) 9. Headquarters, 25th Infantry Division, General Orders Number 3452, dated 8 May 1968, amended General Orders Number 2875 to show award of the ARCOM. 10. He provided a letter from the U.S. Army Administration Center, dated 18 March 1971, stating he was awarded the ARCOM. The letter does not specify the command to which he was assigned or the period covered by the award. 11. U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 04-1148030, dated 19 April 1972, discharged him from the USAR Standby Reserve effective 24 May 1972. These orders show his SSN as XXX-XX-xxxx. 12. On 24 May 1972, he was honorably discharged from the USAR. His Honorable Discharge Certificate shows his SSN as XXX-XX-xxxx. 13. He provided a letter from the U.S. Army Reserve Components Personnel and Administration Center (formerly known as the U.S. Army Administration Center), dated 23 March 1973, stating he was awarded the ARCOM. The letter does not specify the command to which he was assigned or the period covered by the award. 14. He also provided a copy of his social security card showing his SSN as XXX-XX-xxxx. 15. There are no orders for a second award of the ARCOM in the available records. 16. 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 Military Awards Branch, contained orders for one award of the ARCOM (Headquarters, 25th Infantry Division, General Orders Number 2875, dated 9 April 1968). 17. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal (AGCM). There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 18. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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-martial. 19. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. A bronze service star is worn on the VSM for each credited campaign. 20. 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 6th Battalion, 77th Artillery Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period May 1967 to 16 July 1968 by Department of the Army General Orders Number 48, dated 1971. DISCUSSION AND CONCLUSIONS: 1. The applicant's DA Form 41 and reassignment orders show his SSN as XXX-XX-xxxx, the same SSN shown on his social security card. Therefore, it would be appropriate to correct his DD Form 214 and all applicable military records (U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 04-1148030 and Honorable Discharge Certificate, at a minimum) to show this SSN. 2. Orders show he was awarded the ARCOM for meritorious service in the Republic of Vietnam during the period May 1967 to April 1968. This award is not shown on his DD Form 214. 3. His request to add a second award of the ARCOM to his DD Form 214 was carefully considered. However, there are no orders for a second award of the ARCOM in his available records. In the absence of orders, the letters provided by the applicant in and of themselves are not sufficient as a basis for adding a second award of the ARCOM to his DD Form 214. 4. He was honorably released from active duty in the temporary rank of sergeant with 23 months of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the AGCM for the period 25 May 1966 through 27 April 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. He should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award. 5. He participated in four campaigns during his assignment in Vietnam which authorizes award of the VSM with four bronze service stars. 6. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. This unit award is not shown on his DD Form 214. 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. amending item 3 of his DD Form 214 and all applicable military records to show the SSN shown on his DA Form 41, b. awarding him the AGCM (1st Award) for the period 25 May 1966 through 27 April 1968, c. deleting award of the VSM from his DD Form 214, and d. adding the following awards to his DD Form 214: * ARCOM * AGCM (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * VSM with four bronze service stars 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 adding a second award of the ARCOM to his DD Form 214. _______ _ 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) AR20150003756 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003756 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1