IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150007982 BOARD VOTE: ____X_____ ___X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150007982 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 the SSN listed in item 3 of his 1968 DD Form 214 and replacing it with the SSN listed on his social security card * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 28 November 1965 through 27 November 1968 * adding to his 1968 DD Form 214 the: * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal with two bronze service stars * Vietnam Campaign Medal * 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150007982 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) for the period ending 27 November 1968 to show in: * Item 3 (social security number (SSN)) – "XXX-XX-X4XX" instead of "XXX-XX-X5XX" * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – all Vietnam service awards 2. The applicant states his social security card shows his correct SSN. He served in Vietnam from 1965 to 1966. 3. The applicant provides copies of his 1968 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 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 insufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army (RA) on 8 September 1960. His DD Form 4 (Enlistment Record – Armed Forces of the United States) does not list his SSN. He was honorably discharged on 13 June 1962 for the purpose of immediate enlistment. His DD Form 214 lists in: * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized or Awarded) – the entry "N/A" * Item 32 (Remarks) – his SSN as "XXX-XX-X4XX" 3. He reenlisted in the RA on 14 June 1962. His reenlistment DD Form 4 also does not list his SSN. 4. He accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, on/for: * 18 December 1964 – violating general orders while on guard duty; his punishment included a reduction to pay grade E-3 and 14 days of restriction and extra duty; he elected to appeal and his appeal was denied * 26 January 1965 – sleeping on his guard post; his punishment included a reduction to pay grade E-2, a forfeiture of $28.00 pay, and 14 days of restriction and extra duty 5. His SSN is listed as "XXX-XX-X4XX" on his DD Form 398 (Statement of Personal History), dated 21 April 1965, and on a DA Form 20 (Enlisted Qualification Record), dated 29 October 1965. 6. He served in Vietnam from 13 May 1965 through 27 May 1966, during two campaigns. He was assigned to: * Company D, 84th Engineer Battalion from 9 June through 17 October 1965 * Company D, 46th Engineer Battalion (Construction) from 18 October 1965 through 24 May 1966 7. His DA Form 41 (Record of Emergency Data), dated 17 August 1968, lists his SSN as "XXX-XX-X4XX." 8. He was honorably discharged in the rank/grade of specialist five (SP5)/E-5 on 27 November 1968. He was credited with completing 8 years, 2 months, and 20 days of total active service. His DD Form 214 lists in: * Item 3 – his SSN as "XXX-XX-X5XX" * Item 24 – the National Defense Service Medal and two overseas service bars * Item 30 (Remarks) – U.S. Army Pacific – 13 May 1965 – 27 May 1966 9. His DA Form 20 shows in: * Item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings from January 1961 through July 1962 and from June 1965 through November 1968; ratings of "fair," "good," and "unknown" during the other periods; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service * Item 41 (Awards and Decorations) – all the awards listed on his DD Form 214 and the Vietnam Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 10. He provided a copy of a social security card which lists his SSN as "XXX-XX-X4XX." REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for the preparation of the DD Form 214 prepared for Soldiers upon retirement, discharge, or release from active military service. It stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation also stated item 3 would list the SSN verified in the Soldier's record and item 24 would list all awards authorized and awarded. 2. 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Army Regulation 600-8-22 (Military Award) states: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over for 1 or more days, after 3 July 1965 through 28 March 1973. A bronze star is authorized for wear on the medal to denote campaign participation. b. The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months. 4. Department of Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION: 1. There is sufficient evidence showing the SSN listed on the applicant's 1968 DD Form 214 is incorrect. It should have been "XXX-XX-X4XX." 2. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of active service. This award is not listed on his 1968 DD Form 214. 3. He served a qualifying period of service for award of the Vietnam Campaign Medal as well as the Vietnam Service Medal with two bronze service stars. These awards are not listed on the 1968 DD Form 214. 4. He accepted NJP twice for infractions while on guard duty. However, he completed a total of 8 years, 2 months, and 20 days of honorable service. He received "excellent" conduct and efficiency ratings for over 4 years of military service. Notwithstanding his periods of ratings other than "excellent;" there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award). He attained the rank/pay grade of SP5/E-5 and served in Vietnam. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for his period of military service from 28 November 1965 through 27 November 1968. 5. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His 1968 DD Form 214 does not list this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150007982 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150007982 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1