IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160001665 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: 28 November 2017 DOCKET NUMBER: AR20160001665 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. awarding him the Army Good Conduct Medal (1st Award) for the period 22 April 1968 through 3 December 1969; b. deleting the Vietnam Service Medal from his DD Form 214; c. adding the following awards to his DD Form 214: * Army Commendation Medal with "V" Device * Combat Infantryman Badge * Purple Heart * Bronze Star Medal (2nd Award) with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation d. issuing an appropriate document or documents amending the following orders to show the applicant's social security number as it is recorded on his DD Form 214: * SO Number 24, published by Headquarters, 25th Infantry Division, in 1969 * GO Number 2897, published by Headquarters, 25th Infantry Division, in 1969 * GO Number 6712, published by Headquarters, 25th Infantry Division, in 1969 * GO Number 12178, published by Headquarters, 25th Infantry Division, on 29 September 1969 * GO Number 12337, published by Headquarters, 25th Infantry Division, on 30 September 1969 e. reissuing his Bronze Star Medal Certificates dated 29 September 1969 and 30 September 1969. ___________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. IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160001665 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 add the following awards and to correct his social security number (SSN) on all the orders and certificates authorizing these awards: * Army Commendation Medal with "V" Device for actions on 14 January 1969 * Combat Infantryman Badge awarded on 24 January 1969 * Purple Heart awarded on 9 May 1969 * Bronze Star Medal with "V" Device awarded for actions on 7 September 1969 * Bronze Star Medal with First Oak Leaf Cluster awarded on 30 September 1969 2. The applicant states his DD Form 214 does not list all his medals or awards. His service number and name are correct, but the SSN is not correct on the orders and certificates authorizing these awards. 3. The applicant provides: * Special Orders (SO) Number 24, dated 24 January 1969 * SO Number 59, dated 28 February 1969 * General Orders (GO) Number 2897 and certificate, dated 7 March 1969 GO Number 6712 and certificate, dated 13 May 1969 * GO Number 12178 and certificate, dated 29 September 1969 * GO Number 12337 and certificate, dated 30 September 1969 * 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. The applicant was inducted into the Army of the United States on 22 April 1968. 3. His records contain the following documents, which reflect his name, SSN, and service number: * DD Form 47 (Record of Induction), dated 22 April 1968, shows his SSN as "" and his service number as "" * DA Form 41 (Record of Emergency Data), dated 22 April 1968, shows his SSN as "" and his service number as "" * DD Form 1584 (National Agency Check Request), dated 25 April 1968, shows his SSN as "" and his service number as "" * DD Form 398 (Statement of Personal History), dated 16 August 1968, shows his SSN as "" 4. His DA Form 20 (Enlisted Qualification Record) shows his SSN as "" and his service number as "" and contains the following information: a. Item 22 (Military Occupational Specialties) shows he was awarded MOS 11B (Light Weapons Infantryman) on 3 September 1968. b. Item 31 (Foreign Service) shows he served in Vietnam from 2 December 1968 to 1 December 1969. c. Item 38 (Record of Assignments) shows he was assigned to Company C, 2nd Battalion, 22nd Infantry, 25th Infantry Division from 10 December 1968 to 1 December 1969 in Vietnam. He received "excellent" conduct and efficiency ratings and one rating of "unknown" occurring while he was a student noncommissioned officer candidate. d. Item 41 (Awards and Decorations) shows: * SO Number 24, published by Headquarters, 25th Infantry Division, in 1969 awarded him the Combat Infantryman Badge * GO Number 2897, published by Headquarters, 25th Infantry Division, in 1969 awarded him the Army Commendation Medal with "V" Device * GO Number 6712, published by Headquarters, 25th Infantry Division, in 1969 awarded him the Purple Heart * GO Number 12178, published by Headquarters, 25th Infantry Division, on 29 September 1969 awarded him the Bronze Star Medal with "V" Device * GO Number 12337, published by Headquarters, 25th Infantry Division, on 30 September 1969 awarded him the Bronze Star Medal (First Oak Leaf Cluster) 5. He provided five sets of orders published by Headquarters, 25th Infantry Division. Each set of orders lists an SSN that differs from the SSN listed on his DD Form 47. a. SO Number 24, dated 24 January 1969, awarded him the Combat Infantryman Badge. These orders list his service number as "" and his SSN "." b. GO Number 2897, dated 7 March 1969, awarded him the Army Commendation Medal with "V" Device for action on 14 January 1969 in the Republic of Vietnam. These orders list his service number as "" and his SSN "." c. GO Number 6712, dated 13 May 1969, awarded him the Purple Heart for wounds received in action on 9 May 1969. These orders list his service number as " and his SSN "." d. GO Number 12178, dated 29 September 1969, awarded him the Bronze Star Medal with "V" Device for heroism on 7 September 1969. These orders and the accompanying certificate list his SSN as . e. GO Number 12337, dated 30 September 1969, awarded him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service from December 1968 to December 1969. These orders and the accompanying certificate list his SSN as "." 6. His service record does not contain a commander's disqualification statement for the first award of the Army Good Conduct Medal. 7. The Army honorably released him from active duty on 3 December 1969 in the rank of SP4 (T). He completed 1 year, 7 months, and 12 days of active service with no lost time. Item 3 (SSN) of his DD Form 214 shows his SSN as "" and Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) 2. 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 the following awards: a. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by DAGO Number 51, dated 1971. b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973. 3. 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 first award only, 1 year served entirely during the period 7 December 1941 to 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. DISCUSSION: 1. The applicant provided five sets of orders issued by the 25th Infantry Division, which are also annotated in item 41 of his DA Form 20. These orders confirm his award of the Army Commendation Medal with "V" Device, Combat Infantryman Badge, Purple Heart, Bronze Star Medal with "V" Device, and Bronze Star Medal (First Oak Leaf Cluster). His DD Form 214 does not reflect these awards. 2. The applicant's service record does not contain evidence showing his commander disqualified him for consideration of the Army Good Conduct Medal (1st Award) for the period 22 April 1968 through 3 December 1969. His record shows he received "excellent" conduct and efficiency ratings and one rating of "unknown," which is not a disqualifying factor. The evidence of record indicates he met the criteria for award of the Army Good Conduct Medal (1st Award). 3. The applicant's DD Form 214 currently reflects the Vietnam Service Medal; however, it does not reflect the four bronze service stars authorized to denote his participation in four campaigns. 4. GO cited the applicant's unit in Vietnam for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect these unit awards. 5. The applicant requests correction of his SSN on all the orders and certificates authorizing the awards as cited in paragraph 1. His service records shows the SSN recorded on his DD Form 47 and DD Form 214 are the same and is the SSN that he claims is correct. The evidence indicates an error was made in recording his SSN on the award orders he identifies, which may be corrected by amendment of those orders. Any award certificate bearing the incorrect SSN may be reissued. Of note is the fact that current practice does not provide for recording a Soldier's SSN on an award certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001665 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001665 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2