RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 December 2005
      DOCKET NUMBER:  AR20050007027


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard Hassell               |     |Member               |
|     |Mr. Michael Flynn                 |     |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 the ninth digit of his Social Security
Number (SSN) shown in item 3 (Social Security Number) on his DD Form 214
(Report of Transfer or Discharge) for the period ending 6 December 1968 be
corrected to show “0” instead of “7.”  He also requests award of the Purple
Heart.

2.  The applicant states, in effect, his SSN is wrong and he received
wounds to his left foot.

3.  The applicant provides a copy of his Social Security card and two DD
Forms 214 for the periods ending 6 December 1968 and 6 December 1965.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
6 December 1968.  The application submitted in this case is dated 18 April
2005.
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 limitation 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 enlisted on 6 November 1964 for a period of 3 years.  His
Statement of Personal History, dated 25 November 1964, shows the ninth
digit of his SSN is ‘0.”  He served as an armor crewman and was honorably
discharged on 6 December 1965 for immediate reenlistment.

4.  The applicant’s DD Form 214 for the period ending 6 December 1965 shows
the ninth digit of his SSN is “0.”

5.  The applicant reenlisted on 7 December 1965 for a period of 3 years.
He served as a heavy truck driver assigned to Headquarters Troop, 1st
Squadron, 4th Cavalry in Vietnam from 6 February 1966 through 31 January
1967.  On
6 December 1968, the applicant was released from active duty.

6.  The applicant’s DD Form 214 for the period ending 6 December 1968 shows
the ninth digit of his SSN is “7.”  His DD Form 214 also shows the National
Defense Service Medal, the Vietnam Service Medal, the Good Conduct Medal,
the Vietnam Campaign Medal, two awards of the Overseas Service Bar, the
Marksman Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, and the Expert
Marksmanship Qualification Badge with Tank Bar as authorized awards.

7.  There are some documents in the applicant’s service personnel records
which show the ninth digit of his SSN is “5.”  However, the majority of the
documents in his service personnel records which reflect a SSN (rather than
a service number), including a 1967 Wage and Tax Statement and military pay
vouchers, show the ninth digit of his SSN is “0.”

8.  The applicant provided a copy of his Social Security card which shows
the ninth digit of his SSN is “0.”

9.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

10.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

11.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's unit was cited for
award of the Presidential Unit Citation for actions during the period June
to July 1966 by Department of the Army General Orders Number 31, dated
1967.

13.  Department of the Army Pamphlet 672-3 show the applicant's unit is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 21, dated
1969.

14.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 53, dated 1970.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained as a result of
hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Although some documents in the applicant’s service personnel records
show the ninth digit of his SSN is “5” and his DD Form 214 for the period
ending
6 December 1968 shows the ninth digit of his SSN is “7,” the preponderance
of evidence in this case shows the ninth digit of his SSN is “0.”
Therefore, it would be appropriate to correct item 3 on the applicant’s DD
Form 214 for the period ending 6 December 1968 to show the ninth digit of
his SSN is “0.”

2.  Although the applicant contends that he received wounds to his left
foot, there is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action in
Vietnam.  Therefore, there is insufficient evidence on which to base an
award of the Purple Heart in this case.
3.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

4.  The applicant's unit was cited for award of the Presidential Unit
Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 6 December 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 5
December 1971.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

JS_____  ___LH___  _MF_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  amending item 3 on the applicant’s DD Form 214 for the period
ending 6 December 1968 to show the ninth digit of his SSN is “0;” and

      b.  amending his DD Form 214 for the period ending 6 December 1968 to
show that he was awarded the Vietnam Service Medal with two bronze service
stars, the Presidential Unit Citation, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

2.  The Board further determined that 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
award of the Purple Heart.




            ___John Slone_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007027                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0900                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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