IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160014268 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ____x____ ___x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160014268 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 on his DD Form 214, b. deleting the SSN shown in item 32 of his DD Form 214 and replacing it with the SSN shown on his DD Form 398 and c. adding to his DD Form 214: * Vietnam Service Medal with three bronze service stars * Joint Service Commendation Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his rank on his DD Form 214. __________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: DOCKET NUMBER: AR20160014268 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: a. his rank as captain (CPT), b. award of the Joint Service Commendation Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation and c. his social security number (SSN) as XXX-XX-XXXX. 2. The applicant states his DD Form 214 does not reflect the information as noted above. 3. The applicant provides: * promotion letter, dated 14 January 1971 * orders for the Joint Service Commendation Medal * documentation on the gallantry * 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's DD Form 398 (Statement of Personal History), dated 26 September 1963, shows his SSN as XXX-XX-XXXX. 3. He was commissioned as a second lieutenant in the U.S. Army Reserve on 30 September 1964. He was ordered to active duty on 27 November 1964. 4. His DA Form 66 (Officer Qualification Record) shows he was assigned to the 519th Military Intelligence Battalion in Vietnam from 12 November 1965 to 1 November 1966. 5. He participated in three campaigns during his assignment in Vietnam. 6. On 6 November 1966, he was released from active duty (REFRAD). His DD Form 214 shows in: * item 3a (Grade, Rate or Rank) – first lieutenant * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and two Overseas Service Bars * item 32 (Remarks) – his SSN as XXX-XX-XXXX 7. U.S. Military Assistance Command, Vietnam, General Orders Number 1910, dated 8 December 1966, awarded him the Joint Service Commendation Medal for meritorious service in a joint command during the period March 1966 to November 1966. 8. He provided a letter, dated 14 January 1971, showing he was promoted to CPT effective 29 September 1970. 9. He provided a copy of his social security card showing his SSN as XXX-XX- XXXX. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each credited campaign. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty (REFRAD), retirement, or discharge. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant's DD Form 214 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his REFRAD on 6 November 1966. He was promoted to captain on 29 September 1970, 4 years after his REFRAD. 2. Orders show he was awarded the Joint Service Commendation Medal. His DD Form 214 does not show this medal. 3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show this medal. 4. He participated in three campaigns during his service in Vietnam and is authorized three bronze service stars for wear with his the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 5. His DD Form 398 shows he recorded his SSN as XXX-XX-XXXX in 1963 prior to his commission in 1964. However, his DD Form 214 shows his SSN as XXX- XX-XXXX. It appears that an administrative error occurred when recording his SSN on his DD Form 214 in November 1966. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014268 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014268 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2