IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016161 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x___ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016161 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 social security number recorded in item 3 of his DD Form 214 and replacing it with the social security number shown on his Social Security Card * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 the: * Air Medal with 18th Oak Leaf Cluster and "V" Device * Army Commendation Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Basic Aviation Badge * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with Device (1960) * Korea Defense Service Medal * Valorous Unit Award * Meritorious Unit Commendation * 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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160016161 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 in: * Item 3 (Social Security Number) – "" instead of "-XX- XXXX" * Item 24 (Decorations, Medals, Badge, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – all awards and medals to which he is entitled 2. The applicant states he served in Vietnam and Korea. His DD Form 214 does not show any awards or medals. He would like to have his records corrected to qualify for benefits from the Department of Veterans Affairs and to set the record straight. He would also like the medals for his family. He did not realize his DD Form 214 was incorrect until he requested his service records. Initially, he was told that his service records were not available. In effect, his Social Security Card and letter and Social Security Data sheet from the Social Security Administration (SSA) show his SSN as "." 3. The applicant provides two copies of his DD Form 214, Social Security Card, and a letter and Social Security Data sheet from the SSA. 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 7 June 1965. At the time of his induction, he was assigned a service number beginning with US, which identified him under that service number. His records contain the following: * DD Form 47 (Record of Induction), dated 7 June 1965, which does not list his SSN * DA Form 41 (Record of Emergency Date), dated 28 August 1966, which lists his SSN as "" 3. He completed training and was awarded military occupational specialty 11B Light Weapons Infantryman. He served in: * Korea from 23 October 1965 to 22 August 1966 * Vietnam from 26 August 1966 to 31 May 1967, during two campaigns and was assigned to the: * 128th Aviation Company, from 26 August 1966 to 14 January 1967 * 128th Assault Helicopter Company, from 15 January to 21 May 1967 4. His records also contain the following general orders (GO): a. Number 1082 and 1165, issued by Headquarters, 1st Aviator Brigade on 24 and 25 November 1966, awarding him the: (1) Air Medal for meritorious achievement while participating in aerial flight from 1 September 1966 to 11 September 1966 in Vietnam; and (2) Air Medal with First Oak Leaf Cluster (OLC) for meritorious achievement while participating in aerial flight from 16 September to 5 October 1966. b. Number 3533, issued by Headquarters, 1st Infantry Division on 30 November 1966, awarding him the Army Commendation Medal, for meritorious achievement from 4 to 18 November 1966 in Vietnam; c. Numbers 1618 and 1643, issued by Headquarters, 1st Aviation Brigade, on 14 December 1966, awarding him the Air Medal with 2nd and 3rd OLC, for meritorious achievement, from 19 to 28 October and 28 October to 1 November 1966, in Vietnam; d. Number 510, issued by Headquarters, 1st Aviation Brigade on 10 February 1967, awarding him the Air Medal with 4th and 5th OLC, for meritorious achievement, from 7 October to 6 November 19666 and 6th through 9th OLC, from 7 November to 13 December 1966; e. Number 932, issued by Headquarters, 1st Aviation Brigade on 17 March 1967, awarding him the Air Medal with 10th through 15th OLC, from 15 December 1966 to 13 February 1967; f. Number 20, issued by Headquarters, 11th Combat Aviation Battalion on 13 April 1967, awarding him the Army Good Conduct Medal (1st Award), from June 1965 to May 1967; g. Number 1532, issued by Headquarters, 1st Aviation Brigade on 28 April 1967, awarding him the Army Commendation Medal for meritorious service, from September 1966 to April 1967; h. Numbers 1759 and 1870, issued by Headquarters, 1st Aviation Brigade on 11 and 17 May 1967, awarding him the Air Medal with 16th and 17th OLC, from 15 to 28 February 1968; and i. Number 1870, issued by Headquarters, 1st Aviation Brigade on 11 May 1967, awarding him the Air Medal with 16th and 17th OLC, from 15 to 28 February 1968 and Air Medal with 18th OLC and "V" Device for heroism while engaging in aerial flight on 28 February 1967 in Vietnam. 5. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 1 (Name (Last, first, middle initial) and Service Number) – his SSN as "" * Item 41 (Awards and Decorations) – the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Air Medal with 15th OLC * Aircraft Crew Member Badge [currently known as the Basic Aviation Badge] * Army Good Conduct Medal (1st Award) 6. He was honorably released from active duty on 26 May 1967. His DD Form 214 shows he completed 1 year, 11 months, and 20 days of active service, which included 1 year, 6 months, and 29 days of foreign service, and the entry USARPAC (U.S. Army Pacific). Item 24 of this form lists no awards. 7. He also provides his Social Security Card and a letter and Social Security Data sheet from the SSA which shows his SSN as "." REFERENCES: 1. Army Regulation (AR) 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 the standardized policy for the preparation of the DD Form 214. 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 stated: * Item 3 – would list the SSN verified in the Soldier's record * Item 24 – would list all awards awarded or authorized during the period covered by the DD Form 214 2. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant’s service in Vietnam, campaign participation credit was awarded for: * Vietnam Counteroffensive, 25 December 1965—30 June 1966 * Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet shows his unit was cited, the 128th Aviation Company, was cited for award of the: * Valorous Unit Award, for the period from 4 to 20 November 1966, by DAGO Number 17, dated 1968 * Meritorious Unit Commendation, for the period from 1 January to 31 December 1967, by DAGO Number 1, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 1 March 1966 to 21 February 1967, by DAGO Number 59, dated 1969 DISCUSSION: 1. The evidence of record contains at least two documents showing the applicant's SSN as shown on his social security card. It appears an administrative error occurred that resulted in an error in the SSN recorded on his DD Form 214. 2. GO's awarded the applicant the Air Medal with 18th OLC and "V" Device, Army Commendation Medal (2nd Award), and Army Good Medal (1st Award) during his period of service. His DD Form 214 does not list these awards. 3. He was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal, and Aircraft Crew Member Badge [currently known as the Basic Aviation Badge] during his period of service. He also participated in two campaigns during his service in Vietnam. He meets the criteria for award of two bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these medals and service stars. 4. He served a qualifying period of service for award of the Korea Defense Service Medal. His DD Form 214 does list this award. 5. GO's awarded his unit the Valorous Unit Award, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. These unit awards are not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016161 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016161 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2