RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070015705 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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), dated 28 March 1970, as follows:

a.  correction of his Social Security Number (SSN) from “xxx-xx-9433" to “xxx-xx-9409”;

b.  removal of 157 days of lost time from Item 18 (Remarks); and 

c.  award of the Purple Heart for injuries received in combat.

2.  The applicant states that the wrong SSN was entered on his records; he did not have any lost time; and that he was injured in combat. 

3.  The applicant provides a copy of his Social Security Card 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 12 October 1967.  His military service records contain a DD Form 47 (Record of Induction) dated 12 October 1967 showing his Service Number, not his SSN. 

3.  The applicant’s military service records further show that he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained during his military service was private first class (PFC)/E-3.  He was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 28 March 1970.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record), dated 26 March 1970, shows the applicant’s SSN as “xxx-xx-9433.”  The applicant authenticated this form by placing his signature in Item 47 (Signature of Individual).

5.  Item 40 (Wounds) of the applicant’s DA Form 20 shows a blank entry. There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

6.  The applicant’s records do not contain general orders which authorized him award of the Purple Heart.

7.  There is no record that the applicant served in the Republic of Vietnam or in combat in any other location during his military service. 

8.  Item 44 (Time Lost) of the applicant’s DA Form 20 includes the following entries of lost time due to being absent without leave (AWOL) or in confinement:

a.  from 22 March 1968 to 12 May 1968, 52 days of AWOL;

b.  from 13 May 1968 to 30 June 1968, 49 days of confinement; 

c.  from 15 April 1969 to 28 April 1969, 14 days of AWOL; 

d.  from 8 September 1969 to 9 September 1969, 2 days of AWOL; and

e.  from 29 May 1969 to 7 July 1969, 40 days of confinement.

9.  On 26 April 1968 (sic), the applicant pled guilty at a Special Court-Martial for one specification of being AWOL from on or about 22 March 1968 to on or about 13 May 1968.  The Court sentenced him to confinement at hard labor for 6 months (suspended for 6 months) and forfeiture of $41.00 pay for 6 months.

10.  On 29 May 1969, the applicant pled guilty at a Special Court-Martial for one specification of being AWOL from on or about 15 April 1969 to on or about 29 April 1969.  The Court sentenced him to confinement at hard labor for 6 months, reduction to private/E-1, and forfeiture of $46.00 pay for 6 months.

11.  On 7 July 1969, Special Court-Martial Order Number 584, published by the U.S. Army Correctional Training facility, Fort Riley, Kansas, suspended the unexecuted portion of the applicant's sentence to confinement at hard labor for 6 months until 7 August 1969.  This order shows his SSN as "xxx-xx-9433."

12.  On 29 July 1969, Special Court-Martial Order Number 663, published by the U.S. Army Correctional Training facility, Fort Riley, Kansas, ordered all unexecuted portions of the applicant's sentence to confinement at hard labor for 6 months, remitted.  This order shows his SSN as "xxx-xx-9433."

13.  On 11 September 1969, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being AWOL during the period on or about 8 September 1969 to on or about 10 September 1969.  His punishment consisted of reduction to the grade of private/E-1 and placement in correctional custody for 14 days.  This document shows his SSN as "xxx-xx-9433."

14.  On 19 September 1969, the punishment to place the applicant in correctional custody for 14 days was remitted by order of the officer who imposed the punishment.

15.  Headquarters, U.S. Armor Center, Fort Knox, Kentucky, Special Orders Number 60, dated 27 March 1970 show that the applicant was relieved from active duty and transferred to the USAR Control Group (Annual Training).  The orders listed the applicant’s SSN as "xxx-xx-9433."

16.  The DD Form 214 he was issued upon separation showed his SSN as      “xxx-xx-9433.”  The applicant authenticated this form by placing his signature in Item 32 (Signature of Person Being Transferred or Discharged).  was unavailable to sign his DD Form 214.  This form further confirms that the applicant completed 2 years and 13 days of active military service and had 157 days lost time due to AWOL and confinement.  

17.  The applicant provided a copy of his Social Security Card showing his SSN as “xxx-xx-9409.”

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

19.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty

DISCUSSION AND CONCLUSIONS:

1.  It appears that throughout his military service the applicant consistently indicated and certified that his SSN was “xxx-xx-9433.”  His DA Form 20 that was created upon his entrance into the Army confirms that at the time, he was assigned a SSN that contained the number 33 in the eighth and ninth digits.  Most of his military documents show the number 33 as the eighth and ninth digits of his SSN, to include his DD Form 214.

2.  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 verifiable evidence to the contrary, it is presumed that the applicant’s military service records, including the DD Forms 214 issued on 28 March 1970 was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this time.

3.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his records that shows he was wounded or injured as a result of hostile action or treated for such wound and the medical treatment was made a matter of official record.  Therefore, there is no evidence upon which to base award of the Purple Heart in this case.

4.  Evidence of record shows that the applicant had multiple instances of AWOL and confinement totaling 157 days and that this lost time is accurately reflected in the Remarks Item of his DD Form 214.  Therefore, there is no evidence upon which to base the removal of this lost time.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jea___  __wdp___  __jlp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




							James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.