IN THE CASE OF:
BOARD DATE: 8 July 2008
DOCKET NUMBER: AR20080007289
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 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 to show the first three digits of his Social Security Account Number (SSAN) as 039 vice 079.
2. The applicant states he was injured in Vietnam and is entitled to the Purple Heart. His SSAN is also incorrect.
3. The applicant provides a self-authored statement and a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army for 2 years on 3 December 1969; his enlistment contract shows his SSAN as 039-xx-xxxx. Following Basic Combat Training at Fort Dix, NJ and Advanced Individual Training at Fort Sill, OK, he was awarded military occupational specialty (MOS) 13A (Cannoneer). He then completed the Basic Airborne Course at Fort Benning, GA and was awarded the Parachutist Badge.
3. The applicant's initial permanent duty assignment following training was in the US Army, Europe (USAREUR) where he served with the 5th Battalion,
81st Artillery in Germany. While there, he volunteered for duty in Vietnam and on/about 18 November 1970, he was transferred to the US Army Pacific (USARPAC).
4. The applicant served in Vietnam from 13 January 1971 to 20 August 1971 with B and C Battery, 3rd Battalion, 319th Artillery, 173rd Airborne Brigade.
5. The applicant departed Vietnam for an assignment to Fort Campbell, KY. On 3 September 1971, he was honorably released from active duty under the provisions of Army Regulation 635-200, early separation of overseas returnees. His DD Form 214 shows his SSAN as 079-xx-xxxx. It shows he was awarded the National Defense Service Medal, Oversea Service Bar, Parachutist Badge, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and Army Commendation Medal.
6. Records do not show the applicant was wounded or awarded the Purple Heart. Other relevant evidence shows:
a. his DA Form 20 (Enlisted Qualification Record) contains no entry in Block 40 (Wounds);
b. the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any Purple Heart orders on file for the applicant;
c. the applicant's name does not appear on the Vietnam Casualty Roster;
d. there are no orders in his records awarding him the Purple Heart; and
e. his records do not contain medical records.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) 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 required medical treatment by medical personnel; and (3) the medical treatment was made a matter of official record. The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant's SSAN is consistently listed as 039-xx-xxxx throughout his military records from enlistment until just prior to separation. At separation, a clerical error was made and his SSAN is shown as 079-xx-xxxx on his DD Form 214. This should be corrected.
2. There is no evidence the applicant suffered a wound in Vietnam which would qualify him for award of the Purple Heart. Without supporting evidence, this correction cannot be made.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xxx___ __xxx___ __xxx___ 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 correcting his SSAN on his DD Form 214 to read 039-xx-xxxx vice 079-xx-xxxx
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.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
XXX
_______________________
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) AR20080007289
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ABCMR Record of Proceedings (cont) AR20080007289
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