BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160019216 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 BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160019216 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. correcting the Social Security Number (SSN) on his DD Form 214 to reflect the SSN on his Social Security Card, b. awarding him the first award of the Army Good Conduct Medal for the period 8 May 1968 through 17 April 1970, c. deleting the Vietnam Service Medal from his DD Form 214 and adding the following awards: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * 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/pay grade 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. BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160019216 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 social security number (SSN) as XXX-XX-XX b. his rank/pay grade as staff sergeant/E-6 and c. award of the Bronze Star Medal. 2. The applicant states: * his SSN is incorrect, the last 2 numbers are transposed * his promotion paperwork and orders were completed prior to his injury in Vietnam * he was awarded the Bronze Star Medal in 1970 3. The applicant provides: * social security card * 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 8 May 1968. His DD Form 15 (Department of Defense National Agency Check Request), dated 13 May 1968, shows his SSN as XXX-XX-XX. 3. He departed the continental United States en route to Vietnam on 6 October 1968. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Company B, 1st Battalion, 46th Infantry Regiment, in Vietnam from 20 October 1968 until he was wounded in action on 23 August 1969 * he was appointed to the temporary rank of sergeant/E-5 effective 16 April 1969 * he received excellent conduct and efficiency ratings throughout his service 5. He participated in four campaigns during his assignment in Vietnam. 6. He departed Vietnam en route to the United States on or about 31 August 1969. 7. Headquarters, Americal Division, General Orders Number 9458, dated 17 September 1969, awarded him the Bronze Star Medal for meritorious service during the period October 1968 to October 1969. 8. Headquarters, Department of the Army, Special Orders Number 71, dated 13 April 1970, released him from assignment and duty due to permanent disability effective 17 April 1970. 9. His record does not include documentation or orders to show he was recommended for or promoted to the temporary or permanent rank/grade of SSG/E-6. 10. On 17 April 1970, he retired by reason of permanent disability. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Purple Heart * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 11. His DD Form 214 shows in: * item 3 (SSN) – his SSN as XXX-XX-XX * item 5a (Grade, Rate or Rank) – sergeant * item 5b (Pay Grade) – E-5 * item 6 (Date of Rank) – 16 April 1969 12. His military records consistently show his SSN as XXX-XX-XX. 13. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. His records contain no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 14. He provided a copy of his social security card showing his SSN as XXX-XX-XX. 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 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 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 3. Army Regulation 635-5 (Separation Documents), then in effect, established standardized policy for preparing and distributing the DD Form 214. a. The instructions for item 3 stated to verify the accuracy with the SSN of record. b. The instructions stated the active duty grade or rank and pay grade at the time of separation was entered in item 5a and item 5b of the DD Form 214. The date of rank for the grade shown in item 5a was entered in item 6. 4. 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 1st Battalion, 46th Infantry Regiment, was awarded the Valorous Unit Award for actions on 11-31 August 1969 by Department of the Army General Orders Number 43, dated 1972. 5. 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 contends the SSN shown on his DD Form 214 is incorrect. 2. Although his social security card shows his SSN as XXX-XX-XX, his DD Form 15 shows the SSN XXX-XX-XX was recorded when he was inducted and this is the only SSN recorded in his military records. It appears the last two digits of his SSN were accidently transposed when he was inducted and the error followed him through the entirety of his military service. 3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the SSN recorded on his DD Form 214. 5. Although the applicant contends he was promoted to staff sergeant/E-6 prior to being wounded in action on 23 August 1969 in Vietnam, the evidence of record shows he held the temporary rank and pay grade of sergeant/E-5 at the time he was released from active duty on 17 April 1970. There is no evidence showing he was temporarily or permanently promoted to staff sergeant/E-6. 6. Orders show he was awarded the Bronze Star Medal. His DD Form 214 does not show this medal. 7. He completed almost 2 years of active service ending with his release from active duty on 17 April 1970. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 8 May 1968 through 17 April 1970. His DD Form 214 does not show this medal. 8. He participated in four campaigns during his service in Vietnam and is authorized four bronze service stars for wear with his the Vietnam Service Medal. This bronze service star is not shown on his DD Form 214. 9. His Vietnam unit was awarded the Valorous Unit Award during the period in which he was assigned. His DD Form 214 does not show this unit award. 10. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019216 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019216 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2