IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080005748 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 3 (Social Security Number [SSN]), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to reflect his correct SSN and to show the award of the Purple Heart.  

2.  The applicant states, in effect, that his SSN is listed incorrectly on his DD Form 214 due to a typographical error and that the Purple Heart is not listed on his DD Form 214. 

3.  The applicant provides a copy of a statement of SSN verification from the Social Security Administration, a copy of his Social Security Card, a copy of his DD Form 214, and several medical documents in support of his request.

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 he enlisted in the Regular Army on 26 September 1966.  He was trained as a CH47 Helicopter Repairer, in military occupational specialty (MOS) 67U.  He was promoted to SP5/E-5 effective 15 August 1968.  

3.  The applicant served in Vietnam from 9 October 1967 to 14 May 1969.  He served until he was honorably released from active duty on 16 May 1969. 

4.  On 29 September 1966, the applicant completed a DA Form 3027 (US Army Request for National Agency Check).  The SSN that was used was his correct SSN.  

5.  Item 3, of the applicant’s DD Form 214, shows an incorrect SSN. 

6.  A review of the applicant's record consistently shows that he utilized the correct SSN.

7.  The applicant provided a copy of a statement of SSN verification from the Social Security Administration Office, Moore, Oklahoma, dated 27 February 2003, which verified his current SSN as being ***-4*-**63 as opposed to the  ***-3*-**36 that was applied to his DD Form 214. 

8.  The applicant provided a copy of his Social Security Card which shows the SSN that was issued to him as ***-4*-**63.

9.  The applicant's records contain a copy of his discharge orders from the USAR which shows his correct SSN.

10.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; Republic of Vietnam Campaign Medal [with Device (1960)]; and the Vietnam Service Medal.  His DD Form 214 does not show any additional awards.

11.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action on 8 March 1968. 

12.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart while he served in Vietnam.

13.  The applicant provided several medical documents from his medical records which show that he sustained a single gunshot wound through the right calf on 8 March 1968.  Documentation also shows that his LOD (Line of Duty) was unknown, pending investigation and that he was shot by an unknown assailant. 

14.  The applicant's record contains a copy of orders awarding him the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force during, the period June 1968 to May 1969.  This award is not shown on his DD Form 214.

15.  Army Regulation 600-8-22 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 by military medical personnel, and the medical treatment must have been made a matter of official record. 

16.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the six bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  

17.  Department of the Army Pamphlet 672-3 shows that the applicant was assigned to units at the time they were was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 21, dated 1969 and by DAGO 59, dated 1969 and by DAGO 6, dated 1974; the Meritorious Unit Commendation, by DAGO Number 37, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO 59, 1969; while he was assigned to these units.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant's correct social security number is ***-4*-**63

2.  The applicant's social security number was incorrectly entered on his DD Form 214 as ***-34-**36, apparently due to a typographical error.  He is therefore entitled to correction of item 3, of his DD Form 214, to show his correct SSN.



3.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

4.  The evidence of record shows that the applicant sustained a single gunshot wound through the right calf in Vietnam on 8 March 1968.  Documentation shows that his LOD was unknown, pending investigation and that he was shot by an unknown assailant.  There is no medical evidence to show that his wound was the result of hostile action.

5.  The evidence of record shows the applicant was awarded the Army Commendation Medal; however, it was omitted from his DD Form 214.  He is therefore entitled to correction of his DD Form 214 to show the already-awarded Army Commendation Medal.

6.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in six campaigns; therefore, he is entitled to award of one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

7.  The units the applicant was assigned to while he served in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (three awards); the Meritorious Unit Commendation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of these units.  He is therefore entitled to correction of his records to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

      a.  correcting item 3, of his DD Form 214, to show his correct social security as "***-4*-**63": 

	b  adding the already-awarded Army Commendation Medal to his DD Form 214; 

	c.  awarding the applicant one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal and show these stars on his DD Form 214; and

	d.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (three awards); the Meritorious Unit Commendation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these awards to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and its addition to his DD Form 214.  




      __________x_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080005748



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ABCMR Record of Proceedings (cont)                                         AR20080005748



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