RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 MAY 2005
      DOCKET NUMBER:  AR20040006564


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Thompson             |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Purple Heart certificate be corrected
to show the first digit of his social security number as “2” vice “3,” and
the initial of his middle name to show “S” vice “J.”

2.  The applicant made no other statement.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge) and a copy of his Purple Heart certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 April 1971.  The application submitted in this case is
dated          20 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 18 March 1970.  The first
digit of his social security number and the initial of his middle name on
his record of induction are shown as “2” and “S,” respectively.

4.  The applicant completed training as an infantryman and in December 1970
was assigned to Vietnam as a rifleman with Company A, 1st Battalion,
       7th Cavalry.  He returned to the United States in a patient status
in October 1971. The Vietnam Casualty Roster maintained at this agency
shows that he was wounded in action on 9 April 1971.  The applicant was
released from active duty on 22 November 1971 in pay grade E-4.  The
applicant’s records created throughout his Army service shows that the
first digit of his social security number and his initial of his middle
name are “2” and “S,” respectively.

5.  The applicant participated in two campaigns during his tour of duty in
Vietnam and the 1st Battalion, 7th Cavalry was awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm for its actions during his
tour of duty with that organization.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency were excellent in all of his assignments during
his military service.  His official military personnel file contains no
derogatory information.

7.  The applicant’s DD Form 214 shows award of the National Defense Service
Medal, Vietnam Campaign Medal, Sharpshooter (M-16) Qualification Badge,
Combat Infantryman Badge, Air Medal, and Bronze Star Medal.  It also shows
award of the Vietnam Service Medal with one bronze star.  It does not show
award of the Purple Heart.

8.  The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.

DISCUSSION AND CONCLUSIONS:

1. The first digit of the applicant’s social security number and the
initial of his middle name are “2” and “S,” respectively.  The copy of his
Purple Heart certificate regarding these two items is incorrect.  There is,
however, no way to properly correct the existing copy of his Purple Heart
certificate.

2.  Consequently, the applicant should be issued a new Purple Heart
certificate reflecting his correct social security number and the correct
initial of his middle name.

3.  Although the applicant has not so requested, it would also be
appropriate to correct his records to show all of the awards to which he is
entitled.  The evidence shows that he was wounded in action.  Thus, his
record should show award of the Purple Heart.

4.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with two
bronze services stars (one for each campaign).  He is also entitled to
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

5.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.
BOARD VOTE:

__MT ___  ___JM __  ___LH___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  Issuing him a new Purple Heart certificate showing his correct
social security number, the first digit being “2,” and the correct initial
of his middle name, “S,” and,

      b.  showing award of the Purple Heart, Vietnam Service Medal with two
bronze service stars, Republic of Vietnam Gallantry Cross Unit Citation
with Palm, and the Army Good Conduct Medal.






                            ___Margaret Thompson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006564                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050524                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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