RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012421 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Jeffrey Redmann

Member

Mr. Scott Faught

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 his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.  He also requests that the first digit of his Social Security Number (SSN) in item 3 (Social Security Number) on his DD Form 214 be corrected to show “4” instead of “6.”

2.  The applicant states that his DD Form 214 does not include the Purple Heart for being shot in the field.  He also contends that his DD Form 214 has the wrong SSN on it.

3.  The applicant provides two service medical records and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
15 June 1968.  The application submitted in this case is dated 23 August 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’s DD Form 398 (Statement of Personal History), dated 
11 August 1967, shows the applicant’s first digit of his SSN is “4.”  He enlisted on 17 August 1967 for a period of 3 years.  He arrived in Vietnam on 7 February 1968.  He served as an infantry indirect fire crewman assigned to Company D, 4th Battalion, 31st Infantry of the 196th Light Infantry Brigade in Vietnam from 
8 February 1968 through 10 June 1968.  On 15 June 1968, the applicant was released from active duty due to hardship.  

4.  Item 3 on the applicant’s DD Form 214 shows the first digit of his SSN is “6.”  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

5.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, the Vietnam Casualty Roster shows that the applicant was wounded in action on 13 April 1968.

6.  In support of his claim for award of the Purple Heart, the applicant provided a service medical record which shows he sustained a gunshot wound to his chest on 13 April 1968.

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

8.  The available service personnel records contain a copy of the applicant’s Social Security Card which shows the first digit of his SSN is “4.”  

9.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

10.  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.  

11.  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.  The entry on the Vietnam Casualty Roster which shows the applicant was wounded in action on 13 April 1968 is accepted as sufficient evidence on which to base award of the Purple Heart and correction of his DD Form 214.

2.  Evidence of record shows the applicant’s first digit of his SSN is “4.”  Therefore, it would be appropriate to correct item 3 on his DD Form 214.

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 Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

5.  Records show the applicant should have discovered the alleged errors now under consideration on 15 June 1968; therefore, the time for the applicant to file a request for correction of any error expired on 14 June 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:

LS_____  ___JR___  __SF____  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.  awarding him the Purple Heart for wounds received in action on 
13 April 1968 in Vietnam;

	b.  deleting the first digit of his SSN in item 3 on his DD Form 214;

	c.  adding the entry “4” as the first digit of his SSN in item 3 on his DD Form 214; and 





	d.  amending his DD Form 214 to add the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already awarded Vietnam Service Medal.   



__Linda Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20060012421
SUFFIX

RECON

DATE BOARDED
20070405
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
100.0900
3.

4.

5.

6.