IN THE CASE OF:	  

		BOARD DATE:	  	  16 October 2008

		DOCKET NUMBER:  AR20080011915 


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, award of the Purple Heart (PH) and correction of his Social Security Account Number (SSAN). 

2.  The applicant did not provide a statement.

3.  The applicant provides a copy of a Purple Heart Certificate, a copy of his Michigan Driver’s License, a copy of his Social Security Card and a copy of his Medicare Health Insurance 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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  On 14 July 1965, the applicant enlisted in the Regular Army with a moral waiver for a period of 3 years.  The identification number listed on his enlistment contract was his Service Number, which was the primary ID number used at the time.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade he attained was pay grade E-4. 

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows his Service Number and SSAN in Item 1 (Name and Service Number).  The applicant’s SSAN is handwritten and the number “7” is shown as the ninth digit (not the number “2”).  

5.  The applicant's DA Form 20 also shows he served in Vietnam from 4 June 1967 through 3 June 1968.  Item 39 (Campaigns) of this document is absent any entries.  Item 40 (Wounds) is blank (no entry).  Item 41 (Awards and Decorations) of the DA Form 20 shows that the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge and the Parachutist Badge.  The Purple Heart is not included in the list of awards. 

6.  Orders and other documents that are available show only the applicant’s service number.  

7.  There are no orders or other documents in the applicant's reconstructed NPRC file that show he was ever recommended or awarded the Purple Heart by proper authority, or that he was ever treated for a combat related wound by military medical personnel while he was serving on active duty.  

8.  On 20 May 1968, the applicant was honorably released from active duty after completing 2 years, 10 months and 6 days of active military service.  His DD Form 214, Item 3 lists the SSAN he now contends is incorrect.  The number “7” is shown as the ninth digit of his SSAN.  The applicant authenticated the DD Form 214 with his signature, in Item 32 (Signature of Person Being Transferred or Discharged), on the date of separation.  

9.  The applicant’s DD Form 214, Item 24 shows he earned the following awards: The National Defense Service Medal; the Vietnam Service Medal, the Combat Infantry Badge, the Expert Badge with Rifle Bar and the Parachute Badge.  

10.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  There is no evidence in his records or on The Adjutant General, Casualty Division's Vietnam Casualty Roster that shows he was wounded or treated for wounds as a result of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the Purple Heart.  It states, in pertinent part, that in order to support an award of the Purple Heart, there must be evidence that a member was wounded or injured as a result of enemy action; that the wound or injury for which the award is being made required treatment by medical personnel; and this treatment must be supported by medical treatment records that were made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSAN shown on his DD Form 214 should be corrected was carefully considered.  However, the evidence of record confirms the SSAN shown on the applicant's DD Forms 214 is identical to the SSAN recorded on his DA Form 20 on file in his OMPF. 

2.  The Army has an interest in maintaining the accuracy of its records for historical purposes, and normally would not change a SSAN under which a member performed military service.  Military records should reflect the conditions and circumstances that existed at the time the records were created.  Although the applicant provides a SSAN Card that shows the number “2” as the ninth digit of his SSAN, this SSAN number is not shown in his military records.  As a result, absent any evidence that the applicant attempted to resolve the SSAN issue while he was serving on active duty it would not be appropriate to change the SSAN shown in his military records.  

3.  This Record of Proceedings, along with the application and supporting documents submitted by the applicant will be filed in his OMPF to provide clarity regarding any confusion that might arise concerning the different SSANs.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant’s military record regarding the SSAN under which he served, and will serve to document the SSAN he now claims is correct. 

4.  The applicant’s request for award of the Purple Heart was also carefully considered.  By regulation, in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action.

5.  Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action.  The Purple Heart is also not included in the list of awards contained in Item 41.  Further, the Purple Heart is not included in the list of awards contained on the applicant's 20 May 1968 DD Form 214, which he authenticated with his signature on the date of his discharge.  In effect, his signature was his verification that the information contained on the DD Form 214, to include the list of awards, was correct on the date the separation document was prepared and issued.  

6.  In addition, the applicant's available record is void of any orders or other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty.  

7.  Further, the applicant's name is not included on the Vietnam Casualty Roster, the official DA list of Vietnam battle casualties, and there are no Purple Heart orders on file in the ADCARS maintained by HRC.  Therefore, absent any evidence of record confirming the applicant's wound was received as a result of enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  

8.  The sincerity of the applicant’s claim of entitlement to the Purple Heart is not in question.  However, the available evidence does not confirm that the applicant was wounded or injured while engaged in combat.  Therefore, based on the available evidence, there is insufficient evidence upon which to base award of the Purple Heart in this case.

9.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement related to award of the Purple Heart.  The applicant and all others concerned should know that this decision 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.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  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.




      _______ _   _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)                                         AR20080011915



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ABCMR Record of Proceedings (cont)                                         AR20080011915



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