RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070015123 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and his correct Social Security Number (SSN) as 405-**-**** instead of 425-**-****. 

2.  The applicant states, in effect, that the Purple Heart is not shown on his records and the wrong SSN was entered due to an administrative oversight. 

3.  The applicant provides a copy of his DD Form 214; a copy of his Honorable Discharge Certificate; a copy of his Social Security Card; and a copy of a certificate, showing award of the Purple Heart, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s records show that he was inducted in the Army of the United States on 7 September 1966.  His military service records contain a DD Form 47 (Record of Induction), dated 7 September 1966, showing his Service Number, not his SSN.  

3.  The applicant’s DA Form 41 (Record of Emergency Data), dated 7 September 1966, shows his SSN as 405-**-****.  The applicant authenticated this form by placing his signature in Item 20 (Signature of Designator). 

4.  The applicant’s DA Form 3027 (U.S. Army Request for National Agency Check), dated 13 September 1966, listed the applicant’s SSN as 405-**-****.



5.  The applicant’s DA Form 20 (Enlisted Qualification Record), dated 13 September 1966, shows his SSN as 425-**-****.  The applicant authenticated this form by placing his signature in Item 47 (Signature of Individual).

6.  The applicant’s military service records further show that he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

7.  The applicant’s records also show that he served in the Republic of Vietnam from 1 April 1967 to 11 June 1968.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade.

8.  The applicant was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 15 June 1968.  Item 3 (Social Security Number), of the DD Form 214 he was issued, shows his SSN as       425-**-****.

9.  The applicant submitted a copy of his Social Security Card showing his SSN as 405-**-****.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Parachutist Badge; the Combat Infantryman Badge; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle).  Item 24 does not show award of the Purple Heart.

11.  Headquarters, 173rd Airborne Brigade, General Orders Number 1967, dated 22 July 1968, show the applicant was awarded the Purple Heart, for wounds received in action, on 14 February 1968, in the Republic of Vietnam.

12.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 503rd Infantry, was awarded the following unit awards during its service in the Republic of Vietnam:  

	a.  the Presidential Unit Citation, during the period from 6 November 1967 through 23 November 1967, based on Department of the Army General Orders Number 5, dated 1979;

	b.  the Meritorious Unit Commendation, during the period from 5 May 1965 through 4 May 1967, based on Department of the Army General Orders Number 48, dated 1968; and  

      c.  the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, during the period from 5 May 1965 through 26 September 1970, based on Department of the Army General Orders Number 51, dated 1971. 

14.  Appendix B of Army Regulation 600-8-22 (Military Awards), shows that the applicant participated in the Vietnam Counteroffensive, Phases II, III, and IV, as well as the TET Counteroffensive campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency as excellent.

16.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “Excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

17.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, 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.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  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 evidence of record shows that upon his induction into the Army of the United States, the applicant indicated and certified that his SSN was 405-**-****; however, when his DA Form 20 was created upon his entrance into the Army, he was erroneously assigned a SSN that contained the number 2 instead of the number zero, in the second digit.  Accordingly, his DD Form 214 also contains the same error.

2.  The evidence of record further shows that the majority of the applicant's military records show the number zero instead of 2, in the second digit of his SSN; therefore, in the interest of justice, the applicant is entitled to correction of his records to show the number zero as the second digit of his SSN, to include his DD Form 214.

3.  General Orders show the applicant was awarded the Purple Heart for wounds received in action, on 14 February 1968, in the Republic of Vietnam.  This award is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  General Orders awarded the applicant’s unit the Meritorious Unit Commendation; the Presidential Unit Citation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal; additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  The applicant is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars; therefore, he is entitled to correction of his records to show these awards.

7.  The evidence of record confirms that the applicant served honorably during the period 7 September 1966 to 15 June 1968.  Lacking any derogatory information on file that would have disqualified him from award of the Good Conduct Medal, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  The applicant is therefore entitled to correction of his records to show this award.

BOARD VOTE:

___x__  __x___  __x___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry “425-**-****” from Item 3 of the applicant’s DD Form 214, dated 15 June 1968, and replacing it with the entry “405-**-****”;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 September 1966 to 15 June 1968; and

	c.  adding the Purple Heart; the Good Conduct Medal (1st Award); the Meritorious Unit Commendation; the Presidential Unit Citation; the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; two Overseas Service Bars; and four bronze service stars, to be affixed to his already-awarded Vietnam Service Medal; on the applicant's DD Form 214. 



								JS
      	______________________
                		CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070015123



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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