RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 April 2008
      DOCKET NUMBER:  AR20070018362


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |MR. Lester Echols                 |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Larry W. Racster              |     |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, the Social Security Account Number
(SSAN) contained in Item 3 (Social Security Number) of his 10 December 1967
Separation Document (DD Form 214) be corrected, and that the Purple Heart
(PH) be added to the list of awards contained in Item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of the DD Form 214.

2.  The applicant states, in effect, that the SSAN listed in Item 3 of his
DD Form 214 is incorrect and does not match the SSAN on record with the
Social Security Administration.  He also states that he was awarded the PH
and it should be added to Item 24 of the DD Form 214.

3.  The applicant provides a PH Certificate, SSAN Verification Document,
and DD Form 214 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 record shows that he was inducted into the Army and
entered active duty on 10 January 1966.  He was trained in and awarded
military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman),
and specialist four (SP4) is the highest rank he attained while serving on
active duty.

3.  The applicant's Induction Record and the related documents prepared
during his induction processing do not list a SSAN.  The Army Service
Number was the primary identification number used on military records at
that time.  There are no documents on file in the applicant's Military
Personnel Records Jacket (MPRJ), other than the DD Form 214, that list his
SSAN.

4.  The applicant's Enlisted Qualification Record (DA Form 20), which was
prepared upon his entry on active duty, also lists an Army Service Number
in Item 1 (Name and Service Number), and does not include a SSAN.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served
in the Republic of Vietnam (RVN) from 12 December 1966 through 11 December
1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to Company B and Headquarters and Headquarters Company (HHC),
2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division, performing
duties in MOS 11C as an ammunition bearer and operations assistant.  Item
38 also shows he received no less than "Excellent" conduct and efficiency
ratings at all of his active duty assignments.

6.  The applicant's MPRJ is void of any derogatory information or a unit
commander disqualification that would have precluded the applicant from
receiving the Army Good Conduct Medal (AGCM).  It also contains
Headquarters, 8th Field Hospital General Orders (GO) Number 9, dated
17 January 1967, which awarded the applicant the PH for being wounded in
action in the RVN on 15 January 1967.

7.  On 10 December 1967, the applicant was honorably released from active
duty after completing 1 year, 11 months, and 1 day of active military
service.  The DD Form 214 he was issued at the time lists the number 2 in
the fifth digit of the SSAN contained in Item 3.  Item 24 shows he earned
the following awards:  National Defense Service Medal (NDSM); Vietnam
Service Medal (VSM); RVN Campaign Medal; Combat Infantryman Badge (CIB);
Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 2
Overseas Service Bars.
8.  The applicant provides a SSAN verification document from the Social
Security Administration that contains the same SSAN listed on the
applicant's separation document with the exception of the fifth digit,
which is a "0" on the verification instead of a 2, as is indicated on the
DD Form 214.  He also provides a PH Certificate that shows he was awarded
the PH for being wounded in action in the RVN on 15 January 1967.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member is credited with participating in while serving
in the RVN.  Table B-1 contains a list of RVN campaigns and shows that
during the applicant's tenure of assignment in the RVN, participation
credit was granted for the Vietnam Counteroffensive Phase II and Vietnam
Counteroffensive Phase III campaigns.
10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 7th Cavalry
Regiment) received the Presidential Unit Citation (PUC) and RVN Gallantry
Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the SSAN listed on his DD Form 214 is
incorrect was carefully considered and found to have merit.  The only
document on file in the applicant's record that contains the SSAN is the DD
Form 214.  The SSAN verification document from the Social Security
Administrative provided by the applicant confirms the fifth digit of the
applicant's SSAN is 0 and not 2, as is currently listed in Item 3 of the
applicant's DD Form 214.  As a result, it would be appropriate to correct
the SSAN on the separation document accordingly.

2.  The applicant's claim of entitlement to the PH was also carefully
considered and found to have merit.  The applicant's record contains orders
confirming the applicant was awarded the PH for being wounded in action in
the RVN on
15 January 1967.  Therefore, it would be appropriate to add the PH to the
applicant's record and to the list of awards contained in Item 24 of his DD
Form 214.

3.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a unit commander disqualification that
would have precluded him from receiving the AGCM.  As a result, it would be
appropriate to award the applicant the first award of the AGCM, for his
qualifying period of honorable active duty service from 10 January 1966
through
10 December 1967.

4.  The evidence of record also confirms that based on his service and
campaign participation in the RVN, the applicant is entitled to the PUC,
RVN Gallantry Cross with Palm Unit Citation, and 2 bronze service stars
with his VSM.  As a result, it would also be appropriate to add these
awards to his record and separation document at this time.

BOARD VOTE:

___LE  __  __JRS __  __LWR__  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.  awarding him the Army Good Conduct Medal, for his qualifying
honorable active duty service from 10 January 1966 through 10 December
1967;

      b.  amending Item 3 of his DD Form 214 by deleting the 2 from the
fifth digit of the Social Security Account Number and replacing it with the
number "0";

      c.  amending Item 24 of the DD Form 214 by adding the Purple Heart,
Army Good Conduct Medal, Presidential Unit Citation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with
his Vietnam Service Medal; and

      d.  providing him a correction to his separation document that
includes these changes.




                                  _____Lester Echols______
                                             CHAIRPERSON

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