BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100018370 


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 that his name and Social Security Number (SSN) be corrected on his Bronze Star Medal Citation and Air Medal Citation.

2.  The applicant states his name contains the middle initial "E" and his SSN is ###-84-#### not ###-34-####.  He needs these corrections made for Department of Veterans Affairs (VA) benefits verification.

3.  The applicant provides copies of his Bronze Star Medal Citation and award certificates for the Bronze Star Medal and Air Medal.

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's enlistment documents show his SSN as ###-84-#### and his name contains the middle initial "E."  

3.  The applicant enlisted in the Regular Army on 17 November 1970 and reenlisted on 30 September 1976.  His DD Form 214 for this period is not of record. 

4.  The applicant served in Vietnam with Company E, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade from 24 November 1971 through 3 April 1972; and with the Infantry Scout Dog Platoon, 3rd Brigade, 1st Cavalry Division from 4 April 1972 through 1 August 1972.

5.  3rd Brigade, 1st Cavalry Division General Orders Number 1726, dated 12 June 1972, awarded the applicant the Bronze Star Medal.  The orders show his SSN as ###-34-####.  The certificate also uses this SSN.

6.  3rd Brigade, 1st Cavalry Division General Orders Number 1941, dated 21 July 1972, awarded the applicant the Air Medal.  The orders show his SSN as
 ###-34-####.  The certificate also uses this SSN.

7.  His 28 September 1979 DD Form 214 lists his SSN as ###-84-#### and his awards as the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Good Conduct Medal (2nd award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not contain his middle initial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his Bronze Star Medal and Air Medal citations be corrected to show his name includes the middle initial "E" and his SSN is 
###-84-#### not ###-34-####.  

2.  The applicant's DD Form 214 indicates that he was awarded the Bronze Star Medal and the Air Medal.  However, the orders, citations, and certificates all list his SSN incorrectly.  

3.  It is appropriate to amend 3rd Brigade, 1st Cavalry Division General Orders Numbers 1726 and General Orders Number 1941 to show the applicant's correct SSN as ###-84-#### and to issue him Bronze Star Medal and Air Medal citations and certificates with the correct SSN. 

4.  The applicant's middle initial was omitted from his DD Form 214.  It is appropriate to correct this oversight.
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 3rd Brigade, 1st Cavalry Division General Orders Numbers 1726 and General Orders Number 1941 to show the applicant's correct SSN as ###-84-####; 

	b.  issuing him Bronze Star Medal and Air Medal citations and certificates to show his correct SSN; and 

	c.  amending his DD Form 214 to show his name includes the middle initial "E."



      _______ _   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)                                         AR20100018370



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ABCMR Record of Proceedings (cont)                                         AR20100018370



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