RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 August 2006
DOCKET NUMBER: AR20060000479
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. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Jeffrey C. Redmann | |Member |
| |Ms. Karmin S. Jenkins | |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 certificate for his Purple Heart be
corrected to show his correct Social Security Account Number (SSAN). He
also requests that he be provided a copy of the order awarding him the
Purple Heart.
2. The applicant states that the eighth digit of his SSAN was incorrectly
entered as “5,” the correct digit is “1.”
3. The applicant provides a copy of his Purple Heart certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 1 May 1979, the date of his retirement. The application
submitted in this case is dated 7 January 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 was awarded the Purple Heart by Headquarters, 8th Field
Hospital General Orders Number 56 dated 6 October 1970. The SSAN listed on
the orders, as well as the other documents contained in the applicant’s
records, show the eight digit of his SSAN as “1.”
4. The Purple Heart certificate submitted by the applicant shows the eight
digit of his SSAN as “5.”
DISCUSSION AND CONCLUSIONS:
1. It is evident that an error was made in the preparation of the
applicant’s Purple Heart certificate. It would be proper and equitable for
this error to now be corrected.
2. A copy of the orders awarding the applicant the Purple Heart is
attached to the Board’s Record of Proceedings.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 May 1979; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 April 1982. The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.
BOARD VOTE:
____wdp_ ___jcr___ ____ksj_ 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 issuing him a new Purple Heart
certificate which shows his correct SSAN.
______William D. Powers________
CHAIRPERSON
INDEX
|CASE ID |AR20060000479 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060831 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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