RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  9 August 2007
	DOCKET NUMBER:  AR20070000972 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Ms. Rea M. Nuppenau

Member

Mr. Dennis J. 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, in effect, correction of the Social Security Number in his military service records and award of the Purple Heart.

2.  The applicant states, in effect, that he is suffering from a disability and the only evidence he has of the Purple Heart appears in photographs of him.  He also states, in effect, that he was wounded on 1 January 1970 near Chichu, Vietnam, while assigned to Company C, 725th Maintenance Division (sic).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, correction of the applicant’s Social Security Number (SSN) and award of the Purple Heart to the applicant.

2.  Counsel states, in effect, that the applicant’s SSN is incorrectly recorded in his military service records and that photographs show the applicant was injured while serving in Vietnam.

3.  Counsel provides copies of the applicant’s DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), with effective dates of
13 March 1970 and 6 March 1973; DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 17 February 1993; NGB Form 22 (Report of Separation and Record of Service), with an effective date of 19 December 1994; NGB Form 23 (Army National Guard – Retirement Credits Record) for Retirement Years 20 November 1977 through 19 November 1988 and from 20 November 1988 through 31 March 1989; 3 pages containing a total of 9 photographs of the applicant; Headquarters, 25th Infantry Division Support Command (Vietnam), Operational Report and Lessons Learned of the 25th Infantry Division Support Command (DISCOM) for the Period Ending
30 April 1970; 2 Meritorious Unit Commendation Certificates, dated 28 March 1970 and 17 February 1971; Headquarters, 725th Maintenance Battalion,
25th Infantry Division (Vietnam), Annual Summary of Unit History for Calendar Year 1967; Supplemental History of the 725th Maintenance Battalion (Vietnam) for the Year 1968; Record of Awards and Decorations, 725th Maintenance Battalion (Vietnam) for the period 1 February 1969 to 31 July 1969; and Casualty Record, 725th Maintenance Battalion (Vietnam) for the period February 1969 to July 1969.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
19 December 1994, the date of his discharge from the Army National Guard.  The application submitted in this case is dated 9 January 2007.

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 military service records contain DD Form 369 (Police Record Check), dated 18 July 1969.  This document shows that the applicant was fingerprinted upon his entrance into the Armed Forces of the United States and indicated that his SSN was #38-83-##59.  The applicant also placed his signature on the document certifying the information.

4.  The applicant’s military service records contain two DD Forms 4 (Enlistment Contract – Armed Forces of the United States), dated 14 July 1969 and 14 March 1970, two DD Forms 214, with effective dates of 13 March 1970 and 6 March 1973; and a DD Form 215, dated 17 February 1993.  These documents show that  the applicant enlisted in the Regular Army (RA) for a period of 3 years on
14 July 1969; was discharged on 13 March 1970 for the purpose of his immediate reenlistment; reenlisted in the RA on 14 March 1970 for a period of
3 years; was honorably released from active duty (REFRAD) on 6 March 1973; and transferred to the U.S. Army Reserve Control Group (Reinforcement) on
7 March 1973.  These documents consistently reflect the SSN #38-83-##59 and the applicant also placed his signature on the 2 DD Forms 4 and the 2 DD Forms 214 certifying the SSN was correct.  In addition, all of the documents on file for the applicant in his military service records recorded during this period of service that contain a SSN, show the SSN that the applicant now claims is incorrect.

5.  The applicant’s military service records contain a DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated
20 November 1977; NGB Form 22, with an effective date of 19 December 1994; and Army National Guard (ARNG) Current Annual Statement, prepared 15 July 1994, for Retirement Years 14 July 1969 through 14 July 1994.  These documents consistently reflect the SSN #83-38-##89 and the applicant placed his signature on the DD Form 4 upon enlistment in the ARNG certifying this SSN was correct.  In addition, documents on file for the applicant in his military service records recorded during this subsequent period of service that contain a SSN, show the SSN that the applicant now claims is correct.

6.  The applicant’s military service records contain a copy of Department of Military Affairs, Adjutant General’s Office, Commonwealth of Pennsylvania, Fort Indiantown Gap, Annville, Pennsylvania, memorandum, dated 15 July 1994, subject: Notification of Eligibility for Retired Pay at Age 60.  This document shows, in pertinent part, that the applicant was notified that he had completed the required years of service and would be eligible for retired pay on application at age 60 in accordance with the provisions of Title 10, United States Code, Chapter 67.  This document also shows the applicant’s SSN as #83-38-##89.

7.  The applicant’s military service records contain a copy of Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, Pennsylvania, Orders 221-033, dated 15 November 1994, which show he was honorably discharged from the ARNG, in the rank of staff sergeant (SSG)/pay grade E-6, and assigned to the USAR Retired Reserve, effective 19 December 1994.  This document also shows the applicant’s SSN as #83-38-##89.

8.  The applicant's military service records show that he enlisted in the RA for a period of 3 years on 14 July 1969.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).

9.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 14 February 1970 through 7 December 1970.  Item 38 (Record of Assignments) shows that he was assigned to Headquarters and Company A, 725th Maintenance Battalion, 25th Infantry Division in Vietnam from 23 February 1970 through 3 November 1970.  He was then assigned to Headquarters and Headquarters Company and Band, Division Support Command, 25th Infantry Division (Vietnam) from
4 November 1970 through 6 December 1970.  Item 39 (Campaigns) of this document shows he participated in the Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

10.  The applicant's DD Form 214, with an effective date of 6 March 1973, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Mechanics, Badge, Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This document also shows that he was honorably REFRAD on 6 March 1973, in the rank of specialist five (SP5)/pay grade E-5, after completing a total of 3 years, 5 months, and 23 days of active service.

11.  There are no orders in the applicant’s military service records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  The applicant's name is not listed on The Adjutant General, Casualty Division's, Vietnam Casualty Roster.

12.  The applicant's military service records contain a copy of Department of Veterans Affairs, Philadelphia Regional Office and Insurance Center, Rating Decision, dated 21 January 1998.  This document shows, in pertinent part, that the applicant reported being wounded by shell fragments or a land mine; that the applicant’s Service medical records could not be located; that records show no award of the Purple Heart; and that the applicant’s claim for service connection for shell fragment wound (right leg) was denied.
	
13.  In support of his application, the applicant and his counsel provide his
DD Forms 214, with effective dates of 13 March 1970 and 6 March 1973;
DD Form 215, dated 17 February 1993; NGB Form 22, with an effective date of 19 December 1994; and NGB Form 23.  In pertinent part, theses documents substantiate that during the applicant’s military service, his military service records document the use of two different SSN for his service in the RA and ARNG, respectively.  The applicant and counsel also provide 3 pages containing a total of 9 photographs of the applicant; 1 in civilian attire, 3 in an Army uniform, and 4 showing his bare torso with 1 of these showing the applicant with a bandage around his neck and chest.  The Operational Report and Lessons Learned of the 25th Infantry Division DISCOM for the period ending 30 April 1970 they provide shows, in pertinent part, that operation of the Cu Chi Base Camp was assumed by the DISCOM, effective 15 March 1970.  The 2 Meritorious Unit Commendation (MUC) award certificates, in pertinent part, show that the
725th Maintenance Battalion was awarded the MUC for the period 15 February 1969 to 15 August 1969 and that Company E, 725th Maintenance Battalion was awarded the MUC for the period 1 January 1970 to 30 June 1970.  The
725th Maintenance Battalion, Annual Summary of Unit History for Calendar Year 1967; Supplemental History of the 725th Maintenance Battalion (Vietnam) for the Year 1968; and the Record of Awards and Decorations and Casualty Record of the 725th Maintenance Battalion (Vietnam) for the period February 1969 to July 1969 offer a summary of the unit’s history for the report periods cited.

14.  A review of the applicant's records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 3 campaigns:  Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

16.  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 Headquarters and Company A, 725th Maintenance Battalion, 25th Infantry Division (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 5 (1973). 

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  There is no statute of limitations governing requests for award of the Purple Heart.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

19.  Army Regulation 600-8-22 provides, in pertinent part, for 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, including the Vietnam Service Medal.

20.  Department of the Army Pamphlet 672-3 shows, in pertinent part, that Company C, 725th Maintenance Battalion (Vietnam), was awarded the Meritorious Unit Commendation for the period 1 October 1969 to 31 March 1970 by Headquarters, Department of the Army, General Orders Number 51 (1971). 

21.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

22.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

23.  Army Regulation 670-1 also governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the Social Security Number recorded in his military service records should be corrected because it is in error.  He also contends he is entitled to award of the Purple Heart because he was wounded in action in Vietnam.

2.  The evidence of record shows that upon enlistment and reenlistment in the Army, throughout his entire active duty service, and upon his separation from the RA, the applicant consistently certified his SSN was #38-83-##59.  The evidence of record also shows the applicant authenticated the DD Forms 214 issued to him on both 13 March 1970 and 6 March 1973 with his signature in Item 32.  This indicates that he verified the information contained on the separation documents, to include the SSN, was correct at the time they were issued.

3.  The evidence of record also shows that upon enlistment in the ARNG, throughout his entire ARNG service, and upon his discharge from the ARNG and transfer to the USAR Retired Reserve, the applicant consistently certified that his SSN was #83-38-##89.  The evidence of record also shows that the applicant authenticated the DD Form 4 when he enlisted in the ARNG on 20 November 1977 with his signature in Item 18.  This indicates that he verified the information contained on the enlistment document, to include the SSN, was correct.

4.  The applicant claims that the SSN recorded in his military service records while serving in the RA is incorrect and that the SSN recorded in his military service records while serving in the ARNG is correct.  However, the applicant fails to provide documentation and an official explanation from the Social Security Administration, or documentation and an official explanation from any relevant government agency, that provides the reason(s) for the issuance and/or use of two SSN by the applicant.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, lacking convincing independent and official verifiable documentation, there is an insufficient evidentiary basis for changing the Social Security Number in the applicant’s RA military service records at this time.

5.  There is no evidence of record showing that the applicant was assigned or attached to Company C, 725th Maintenance Battalion in Vietnam or that he was wounded in action on 1 January 1970 near Chichu (or Cu Chi Base Camp) in Vietnam.  In addition, the photographs that the applicant and his counsel provide offer no probative evidence that the applicant was wounded as a result of hostile action, the wound required treatment, or that the medical treatment was made a matter of official record.

6.  There is no evidence of record showing the applicant was awarded the Purple Heart.  There is no medical evidence of record which shows that the applicant was wounded or treated for wounds as a result of hostile action.  Therefore, in the absence of documentary evidence that the applicant was wounded in Vietnam, that the wound required treatment, and the medical treatment was made a matter of official record, there is insufficient evidence to support award of the Purple Heart in this case.

7.  The evidence of record shows that the applicant served in the Republic of Vietnam from 14 February 1970 through 7 December 1970.  Therefore, the
725th Maintenance Battalion (Vietnam), Annual Summary of Unit History for Calendar Year 1967; Supplemental History of the 725th Maintenance Battalion (Vietnam) for the Year 1968; and the Record of Awards and Decorations and Casualty Record of the 725th Maintenance Battalion (Vietnam) for the period February 1969 to July 1969 offer no relevant information pertaining to the applicant’s request in that the applicant did not serve in Vietnam during any of the time periods covered by these reports.

8.  There is no evidence of record showing that the applicant was assigned or attached to the 725th Maintenance Battalion in Vietnam during the period
15 February 1969 to 15 August 1969.  There is no evidence of record showing the applicant was assigned or attached to Company E, 725th Maintenance Battalion in Vietnam during the period 1 January 1970 to 30 June 1970.  There is also no evidence of record showing the applicant was assigned or attached to Company C, 725th Maintenance Battalion in Vietnam during the period 1 October 1969 to 31 March 1970.  Therefore, the applicant is not entitled to correction of his records to show award of the Meritorious Unit Commendation.

9.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, there is no basis for granting the applicant's request.

10.  Records show that the applicant served in 3 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 3 bronze service stars to be affixed to his Vietnam Service Medal.

11.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

12.  Records show that the applicant served a total of 10 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 1 Overseas Service Bar.

13.  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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.


14.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 December 1994; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
18 December 1997.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JCR__  ___RMN_  ___DJP_  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.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

a.  deleting from Item 24 of his DD Form 214, with an effective date of
6 March 1973, the Vietnam Service Medal; and


	b.  adding to Item 24 of his DD Form 214, with an effective date of
6 March 1973, the Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 Overseas Service Bar.




___Jeffrey C. Redmann____
          CHAIRPERSON




INDEX

CASE ID
AR20070000972
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/09
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19941219
DISCHARGE AUTHORITY
NGR 600-200, Paragraph 8-27v
DISCHARGE REASON
Eligibility for Retired Pay at Age 60
BOARD DECISION
DENY With Note
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
100.0100.0000
2.
107.0015.0000
3.

4.

5.

6.