RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060007976


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 correction of item 1 (Last Name, First Name,
Middle Name) on his DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) to show his last name as “_ _ _ZAR”; correction
of item 3 (Social Security Number) to show the last four digits of his
social security number (SSN) as “6467”; and correction of item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) to show award of the Purple Heart.

2.  The applicant states that the spelling of his last name is incorrect.
He states that his SSN was _ _ _-_ _-6867 when he entered the Army.  On 5
June 1970, his records reflected his SSN as _ _ _-_ _-6467.  Special orders
in his records show his SSN remained _ _ _-_ _-6467 from 5 June 1970 to 16
August 1971.  When he was released from active duty on 9 December 1971, his
SSN was reflected as _ _ _-_ _-6867 until 1 April 1976.  He states his SSN
at the present time is  _ _ _-_ _-6467.

3.  The applicant also states that he was hit in the face and mouth with
shrapnel from a booby trap while on a combat patrol mission in Vietnam.  He
states he was evacuated to a Base Hospital in Chu Lai, Vietnam and was
hospitalized for three days.  He states that a general officer presented
him with a Purple Heart.  He returned to the Base Hospital on 20 January
1971 for more treatment and dental work.  He was reassigned to the United
States on 16 September 1971 and was assigned to Fort Hood, Texas.  He
states he received a second award of the Purple Heart when he was being
processed for separation.

4.  The applicant provides his induction orders; his reassignment orders to
basic combat training and advanced individual training; his reassignment
orders to Vietnam; his reassignment orders to the United States; his
reassignment orders  to the Transfer Point at Fort Hood, Texas; his
separation orders; his DD Form 214; his dental record; his DA Form 137
(Installation Clearance Record); his social security card; his discharge
orders from the U.S. Army Reserve (USAR); and his Honorable Discharge
Certificate from the USAR.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
16 December 1971.  The application submitted in this case is dated 18 May
2006.

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 15 April 1970.  His Record
of Induction (DD Form 47) shows his last name as “_ _ _ZER” and the last
four digits of his SSN as ”6867.”  At the time of his induction, he signed
an Acknowledgement of Service Obligation (USAREC Form 180-R) which shows
the last four digits of his SSN as “6867.”

4.  The applicant completed a National Agency Check Request (DD Form 1584)
in April 1970.  This document shows his last name as “_ _ _ZAR” and the
last four digits of his SSN as “6467.”

5.  Department of the Army, Armed Forces Examining and Entrance Station,
Phoenix, Arizona Special Orders Number 77, dated 15 April 1970, show his
last name as “_ _ _ZAR” and the last four digits of his SSN as “6867.”

6.  The applicant completed basic combat training and advanced individual
training at Fort Lewis, Washington and was awarded military occupational
specialty 11B (Light Weapons Infantryman).  Headquarters, U.S. Army
Training Center, Infantry and Fort Lewis Special Orders Number 156, dated 5
June 1970, show his last name as “_ _ _ZER” and the last four digits of his
SSN as “6467.”

7.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis
Special Orders Number 230, dated 18 August 1970, reassigned the applicant
to the Overseas Replacement Station, Oakland, California.  These orders
show his last name as “_ _ _ZAR” and the last four digits of his SSN as
“6467.”

8.  Headquarters, United States Army Personnel Center Special Orders
Number 260, dated 17 September 1970, reassigned the applicant to the
Republic of Vietnam.  These orders show his last name as “_ _ _ZAR” and the
last four digits of his SSN as “6467.”

9.  He was assigned to Company E, 2nd Battalion, 35th Infantry, 4th
Infantry Division in Vietnam on 17 September 1970.

10.  Headquarters, 4th Infantry Division Special Orders Number 293, dated,
20 October 1970, reassigned the applicant to the 23rd Adjutant General
Administration Americal Division in Vietnam.  These orders show his last
name as “_ _ _ZER” and the last four digits of his SSN as “6467.”

11.  Headquarters, Americal Division Special Order Number 309, dated
5 November 1970, reassigned the applicant to Company A, 3rd Battalion,
1st Infantry.  These orders show his last name as “_ _ _ZER” and the last
four digits of his SSN as “6467.”

12.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification
Record) does not list any wounds as a result of hostile action in item 40
(Wounds).  His name is not included on the Vietnam Casualty Roster.

13.  The applicant underwent a separation physical examination on 16
November 1971.  His Report of Medical Examination (Standard Form 88) shows
he had two teeth missing.  This medical document does not indicate he
received any injuries or wounds as a result of hostile action.

14.  The applicant completed an Installation Clearance Record on 19
November 1971 which shows his last name as “_ _ _ZAR” and the last four
digits of his SSN as “6467.”

15.  Headquarters, III Corps and Fort Hood, Texas Special Orders Number
304, dated, 9 December 1971, released the applicant from active duty on
17 December 1971 in the rank of specialist four and transferred him to the
USAR Control Group.  These orders show his last name as “_ _ _ZER” and the
last four digits of his SSN as “6867.”

16.  The applicant’s DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal with one bronze service star, the
Republic of Vietnam Campaign Medal, the Army Commendation Medal, the
Air Medal, the Bronze Star Medal, the Combat Infantryman Badge, and the
Sharpshooter Marksmanship Qualification Badge.

17.  Item 1 on the applicant’s DD Form 214 shows his last name as “_ _
_ZER.”

18.  Item 3 on his DD Form 214 shows the last four digits of his SSN as
“6867.”

19.  The applicant’s social security card shows his last name as “_ _ _ZAR”
and the last four digits of his SSN as “6467.”


20.  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 that, at the time of the
applicant's assignment to the 2nd Battalion, 35th Infantry, this unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Department of the Army General Order Number 52, dated 1971.

21.  The applicant was discharged from the USAR on 1 April 1976.  His
discharge orders and Honorable Discharge Certificate show his last name as
“_ _ _ZER” and the last four digits of his SSN as “6867.”

22.  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 the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been 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.

23.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active Army service at the time of release from
active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually reflect the conditions and circumstances that
existed at the time the records were created.  In the absence of a showing
of material error or injustice, this Board is reluctant to recommend that
those records be changed.

2.  Although the applicant’s social security card shows his last name as
“_ _ _ZAR” and the last four digits of his SSN as “6467,” the documents in
his records show his name variously as either “_ _ _ZAR” and his SSN as
“6467” or his name as “_ _ _ZER” and his SSN as “6867.”  Moreover, his
Record of Induction shows his last name is “_ _ _ZER” and the last four
digits of his SSN as “6867.”  While the Board understands the applicant's
desire to have the records changed, and based upon his induction records,
it finds no basis for compromising the integrity of the Army's records.
This Board action will be filed in his military records so an additional
record of his birth name and the SSN he is currently using, will be on
hand.

3.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.  The
applicant’s medical documents do not verify that he was wounded or injured
as a result of hostile action.  Therefore, there is insufficient evidence
on which to base correction of his records to show award of the Purple
Heart.

4.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
Therefore, this award should be added to his DD Form 214.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 December 1974.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

TP______  PF______  LD______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.




                            Thomas Pagan__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007976                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061121                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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