IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150004167 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 he received the Silver Star and correcting his social security number (SSN) listed on General Orders (GO) Number 7640 from 363-XX-XXXX to 263-XX-XXXX. 2. The applicant states, in effect, his Silver Star order has the wrong SSN listed on it. It lists 363-XX-XXXX vice 263-XX-XXXX. 3. The applicant provides General Orders (GO) Number 7640, issued by Headquarters, 25th Infantry Division, dated 12 June 1970 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 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. On 18 June 1969, the applicant was inducted into the Army of the United States. After initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – He served in Vietnam from 5 January 1970 to 30 April 1970 * item 38 (Record of Assignments): On 16 January 1970 he was assigned to Company C, 1st Battalion, 5th Infantry, 25th Infantry Division until 17 April 1970; he received all “excellent” conduct and efficiency ratings * item 40 (Wounds) – Multiple fragment wounds (MFW): face, both hands, and left leg * item 41 (Awards and Decorations) – he received the following awards: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Combat Infantryman Badge (CIB) * Purple Heart (PH) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 4. GO Number 7640, Headquarters, 25th Infantry Division dated 12 June 1970 shows the applicant was awarded the Silver Star for action on 10 April 1970 while assigned to Company C, 1st Battalion, 5th Infantry in the RVN for gallantry in action. However, the SSN listed on the GO is 363-XX-XXXX vice 263-XX-XXXX. 5. On 17 June 1971, the applicant was honorable released from active duty and transferred to the U.S. Army Reserve. He completed 2 years of active duty service. 6. His DD Form 214 shows he was awarded or authorized the: * NDSM * VSM with two bronze service stars * PH * CIB 7. His DD Form 214, item 3 (SSN) shows his SSN as 263-XX-XXXX. 8. 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 unit to which the applicant was assigned was cited for award of the: * RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973 * RVN Civil Actions Honor Medal First Class for the period 1 January 1966 to 21 January 1970 by the DAGO Number 9, 1979 9. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of at least 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 10. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960). It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty DISCUSSION AND CONCLUSIONS: 1. GO Number 7640 awarded the applicant the Silver Star for gallantry in action in the Republic of Vietnam on 12 June 1970. However, the award listed the wrong SSN. Evidence of record shows his SSN is 263-XX-XXXX. 2. His records show he had "excellent" conduct and efficiency ratings while he was in the Army. There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify disqualification for award of the AGCM. 3. The applicant's record also shows he was assigned to a unit that was authorized the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation. 4. Based on the applicant being wounded and evacuated from Vietnam, he is authorized the RVN Campaign Medal with Device (1960). 5. He was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), which are not listed on his DD Form 214. 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: a. Amending GO 7640 to show his SSN as 263-XX-XXXX. b. Awarding the applicant the AGCM for the period 18 June 1969 to 17 June 1971. c. Adding to his DD Form 214 with an ending date of 17 June 1971 the following awards: * Silver Star * AGCM * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) _______ _ 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) AR20130022169 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004167 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1