IN THE CASE OF: BOARD DATE: 9 July 2020 DOCKET NUMBER: AR20200000840 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 December 1971, by: * deleting the Temporary Identification Number (TIN) in item 3 (Social Security Number (SSN)) and replacing it with his SSN * recognizing his service in the Republic of Vietnam with the appropriate awards and campaign medals APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Official Military Personnel File Coversheet * DA Form 20 (Enlisted Qualification Record) * General Orders Number * Special Orders Number * General Orders Number * General Orders Number * General Orders Number * Special Orders Number FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 Board will not consider the following portions of the applicant's requests, as these items will be addressed through an administrative correction: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Air Medal (1st Award) * Army Commendation Medal (ARCOM) with "V" Device (3rd oak leaf cluster) * Combat Infantryman Badge (CIB) * Expert Marksmanship Qualification Badge with 81 mm Mortar Bar and .45 Caliber Pistol Bar * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Campaign Medal with Device (1960) 3. The applicant was inducted into the Army of the United States on 25 February 1970. Evidence shows he served in the Republic of Vietnam from 7 September 1970 to 6 September 1971. He served with Company B, 3rd Battalion, 8th Infantry Regiment from 24 September to 20 November 1970 and with elements of 1st Battalion (Airmobile), 506th Infantry Regiment from 21 November 1970 to 1 September 1971. 4. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. 5. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal (AGCM); neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 6. He was honorably released from active duty on 21 December 1971. There is no evidence of foreign service listed on the applicant's DD Form 214; however, it shows he was awarded or authorized the National Defense Service Medal. 7. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant deployed with his unit to Vietnam; however, there is no Foreign Service time listed on his DD Form 214. The Board agreed to correct his Foreign Service credit. The Board also agreed the applicant should be awarded the Army Good Conduct Medal for his service. His record shows a TIN was used during his period of service. The applicant is advised the TIN will remain; however, the SSN he now uses may be placed in the remarks section of his DD Form 214 to satisfy his effort to have his SSN shown in his record. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 25 February 1970 to 21 December 1971, and amending his DD Form 214 for the period ending 21 December 1971 by: a. item 22c - entering USARPAC “1 0 0” b. item 24 - adding the Army Good Conduct Medal (1st Award) c. item 30 – adding the entry Social Security Number with the number shown on his social security card, and entering Vietnam: 700907 to 710906. 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 removing the TIN from his DD Form 214. 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. ADMINISTRATIVE NOTE(S): The following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 21 December 1971, without action by the Board: * DAGO Number 52, dated 1971, awarded him the Republic of Vietnam Gallantry Cross with Palm Unit Citation * DAGO Number 6, dated 1974, awarded him the Republic of Vietnam Gallantry Cross with Palm Unit Citation * DA PAM 672-3 paragraph 8a (14,15), authorizes him the Vietnam Service Medal with 2 bronze service stars * DA Regulation 600-8-22, paragraph 9-14, authorizes him the Republic of Campaign Medal with Device (1960) a. add to item 22c (Foreign and/or Sea Service) the entry, "1 0 0." b. add the following awards to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Air Medal (1st Award) * ARCOM with "V" Device (3rd oak leaf cluster) * CIB * Expert Marksmanship Qualification Badge with 81 mm Mortar Bar and .45 Caliber Pistol Bar * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Campaign Medal with Device (1960) REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each three years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, one 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 three years but more than one year. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying. There must have been no convictions by court-martial. There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000840 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1