ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 October 2019 DOCKET NUMBER: AR20190010118 APPLICANT REQUESTS: Correction to DA Form 4980-5 (Bronze Star Medal Certificate) and Bronze Star Medal citation to show the former service member’s correct social security number (SSN). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DA Form 4980-5 * Bronze Star Medal Citation for the period from September 1968 to July 1969 * Certificate of Death, State Department of Health, dated 29 February 2016 * County Probate Court Entry Appointing Fiduciary – Letters of Authority dated 16 March 2016 FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The daughter of the former service member requested his headstone or gravesite marker be inscribed with the Bronze Star Medal. Her request was denied because there was no official record he received the Bronze Star Medal. She recently found all of his original awards and realized his SSN was incorrectly typed on his Bronze Star Medal award certificate and his Bronze Star Medal citation as instead of. She believes her request for the gravesite marker was denied because of the incorrect SSN. 3. The former service member enlisted in the Regular Army on 11 January 1967 for a 3-year period of active service. At the time of his enlistment a DD Form 4 (Enlisted Record – Armed Forces of the United States) was prepared by government officials showing his enlisted service number vice SSN on the entrance forms. In conjunction with his enlistment a DA Form 3027 (U.S. Army Request for National Agency Check) was completed. This form shows his SSN . A third document prepared during his entrance phase was DA Form 20 (Enlisted Qualification Record) which also records his SSN. 4. The former service member served in the Republic of Vietnam from 6 September 1968 to on or about 20 July 1969. While serving in the Republic of Vietnam he received the following awards: * General Orders (GO) Number dated 3 April 1969 awarded him the Army Commendation Medal with "V" Device for action on 8 March 1969 – his SSN is shown * GO Number 4348 dated 10 April 1969 awarded him the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) for action on 27 March 1969 – his SSN 5. The applicant returned to the continental United States on or about 20 July 1969. He was assigned to Fort George E. Mead, Maryland. 6. A search of his official military personnel file failed to reveal general orders awarding the former service member the Bronze Star Medal. 7. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 and failed to locate orders for the Bronze Star Medal pertaining to the applicant. 8. On 23 December 1969 the former service member was released from active duty and transferred to the U.S. Army Reserve. He was issued a DD Form 214 for his period of serving showing he served for 2 years, 11 month and 13 days. He served in the Republic of Vietnam for 10 months and 15 days. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded the Bronze Star Medal. It does show he was award two Army Commendation Medals with "V" Device. His SSN shown on his DD Form 214 is. 9. The applicant provided a copy of DA Form 4980 and its accompanying narrative citation. Both the award certificate and the narrative citation show the former service member’s standard name line with his SSN. The certificate states he received the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period from September 1968 to July 1969. The award certificate was authenticated by a major general on 3 July 1969. 10. She also provided a copy of the former service member’s death certificate showing his SSN. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief is warranted. 2. The Board found that the applicant’s social security number on his Bronze Star Medal Certificate and Citation dated 3 July 1969 is incorrect. Accordingly, at the applicant’s request, a new Bronze Star Medal Certificate and Citation should be issued showing the correct social security number. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the applicant be issued a new Bronze Star Medal Certificate and Citation for meritorious achievement in ground operations against hostile forces in the republic of Vietnam during the period September 1968 to July 1969 showing his correct social security number consistent with his DD Form 214 for the period of service ending 23 December 1969. 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. REFERENCES: 1. Title 10, USC, 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 ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Army Regulation 600-8-22 (Military Awards) states awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in DAGOs. Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. 4. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. 5. Army Regulation 672-5-1 (Decorations, Awards, and Honors – Military Awards) in effect at the time of the former service member’s service stated in paragraph 8-3b that the grade, name, SSN, and branch together with the place and date of the act, achievement, or service of the recipient, would be inserted on the certificate in appropriate places. After the implementation of the Privacy Act of 1974, the requirement to include the SSN on the award certificate was removed to protect the privacy of the individual concerned. Army award regulations were accordingly adjusted removing the requirement to enter the SSN on award certificates. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190010118 5 1