RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            06 JULY 2006
      DOCKET NUMBER:   AR20050016011


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 he be awarded the Purple Heart and that his
Social Security Account Number (SSAN) be corrected on his report of
separation (DD Form 214).

2.  The applicant states that he was wounded twice in Vietnam and never
received the Purple Heart.  He also states that an error was made on the
last four digits of his SSAN when his DD Form 214 was prepared and that the
last four digits should reflect “7996” instead of “3546”, as currently
reflected.

3.  The applicant provides a photocopy of his SSAN Card and his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 May 1971.  The application submitted in this case is dated 25
October 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 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’s records, though somewhat incomplete, show that he
enlisted in the Regular Army on 14 July 1967 for a period of 3 years.  He
completed his training as a light weapons infantryman and was transferred
to Vietnam on 13 March 1969.  He was promoted to the pay grade of E-5 on 4
February 1970 and remained in Vietnam until 11 March 1970.

4.  On 6 May 1971, he was honorably released from active duty (REFRAD) at
Fort Benning, Georgia due to the expiration of his term of service (ETS).
He had served 3 years of total active service and had 297 days of lost
time.  His DD Form 214 issued at the time of his REFRAD indicates that the
last four digits of his SSAN were “3546”.  It also shows that he was
awarded the National Defense Service Medal, the Vietnam Service Medal with
two bronze service stars, the Republic of Vietnam Campaign Medal, the
Combat Infantryman Badge, the Air Medal and the Army Commendation Medal.

5.  Further review of his records shows that he was also awarded the Bronze
Star Medal with “V” Device (BSM w/”V” Device) for heroism in ground combat.
 However, that award was not included on his DD Form 214.

6.  A review of the available records, as well as the Vietnam Casualty
listing fails to show any indication that the applicant was wounded as a
result of enemy action or that he was ever reported as a combat casualty.

7.  His records do show that the last four digits of his SSAN is “7996” and
that the SSAN is contained on enlistment contracts contained in his
records.

8.  Army Regulation 600-8-22 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded twice in Vietnam has
been noted; however, he has failed to show through the evidence submitted
with his application or the available evidence of record that he was in
fact wounded as a result of enemy action and that a record of treatment was
made a matter of record.  Therefore, in the absence of such evidence, there
is no basis to award him the Purple Heart at this time.

2.  However, the evidence of record does show that he was awarded the BSM
w/”V” Device that was not included on his DD Form 214 at the time of his
REFRAD.  Accordingly that award should be added to his DD Form 214 at this
time.

3.  Additionally, his records confirm that the last four digits of his SSAN
on his DD Form 214 should reflect “7996” instead of “3546’ as currently
reflected.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___EA __  ___MF __  ____DP _  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 showing that the last
four digits of his SSAN are “7996” instead of “3546” and that he was
awarded the BSM w/”V” Device.

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.




                            _____Eric Andersen______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016417                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710506                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 2, SEC VI                |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |10/SSAN                                 |
|1.100.0900              |                                        |
|2.107.0014              |60/BSM                                  |
|3.107.0015              |61/PH                                   |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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