IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004378 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 (Report of Transfer or Discharge) to show a social security number (SSN) of XXX-XX-Xxxx and award of the Army Good Conduct Medal. 2. The applicant states he was recommended for award of the Army Good Conduct Medal, but it is not shown on his DD Form 214. His SSN is XXX-XX-Xxxx not XXX-XX-Xxxx. 3. The applicant provides copies of a DA Form 137 (Installation Clearance Record), DD Form 214, and 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 served on active duty in the Regular Army (RA) from 7 March 1966 through 22 February 1969. 3. With the exception of his DD Form 214, all documents utilizing an SSN show his SSN as XXX-XX-Xxxx. 4. His DA Form 20 (Enlisted Qualification Record) shows – * an SSN of XXX-XX-Xxxx * promotion to specialist five/pay grade E-5 * conduct and efficiency ratings of "excellent," service in Vietnam during four campaign periods * award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Vietnam service with the - * 102nd Engineer Company from 27 September 1966 through 5 September 1967 * 1st Engineer Battalion from 8 August 1968 through 19 February 1969 5. His DA Form 137, dated 17 February 1969, shows his chain of command recommended award of the Army Good Conduct Medal. His conduct and efficiency ratings were reported as "excellent." 6. His DD Form 214 shows an SSN of XXX-XX-Xxxx. His awards are shown as the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). 7. The applicant's record contains no derogatory entries, disciplinary actions, or court-martials that would suggest he was considered ineligible for award of the Army Good Conduct Medal. 8. The social security card provided by the applicant lists his SSN as XXX-XX-Xxxx. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. a. The 102nd Engineer Company was cited for award of the Meritorious Unit Commendation, from 27 March 1967–27 March 1968, in Department of the Army General Order (DAGO) 43, dated 1969. b. The 1st Engineer Battalion was cited for award of the: * Meritorious Unit Commendation from 3 June 1968–5 June 1969, in DAGO 50, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 12 July 1965–16 October 1968, in DAGO 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, from October 1965–7 April 1970, in DAGO 53, dated 1970 10. 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, 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. 11. Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal to include the Vietnam Service Medal. DISCUSSION AND CONCLUSIONS: 1. With the exception of his DD Form 214, the documents in the applicant's record utilizing an SSN show his SSN as XXX-XX-Xxxx. 2. The SSN entered on the DD Form 214 is in error and should be corrected. 3. The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214. 4. The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal. 5. In addition to the awards shown on the DD Form 214, the applicant is shown to have also been authorized the Meritorious Unit Commendation (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 6. It appears the applicant was recommended for award of the Army Good Conduct Medal and it was not finalized prior to his release from active duty. 7. The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his conduct and efficiency ratings, his decorations, and his advancement to pay grade E-5. The record contains no evidence of any disqualifying incidents or recommendations. It would be appropriate to award the applicant the Army Good Conduct Medal for his period of service from 7 March 1966 through 22 February 1969. 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. deleting the Vietnam Service Medal from his DD Form 214; b. deleting the SSN listed on his DD Form 214 and adding the SSN listed on his social security card; c. awarding the applicant the Army Good Conduct Medal for his period of service from 7 March 1966 through 22 February 1969; and d. adding the following awards to his DD Form 214: * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20150004378 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004378 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1