IN THE CASE OF:
BOARD DATE: 2 December 2008
DOCKET NUMBER: AR20080013034
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 that his separation document, DD Form 214, be corrected to add his Purple Heart and to correct the last digit of his Social Security Account Number (SSAN) from "7" to "2."
2. The applicant states that an error was made in the preparation of his DD Form 214.
3. The applicant provides his DD Form 214, his Purple Heart certificate, and General Orders Number 290 dated 26 September 1968.
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's military records show that he was inducted and entered active duty on 20 July 1967. He was awarded the military occupational specialty of light weapons infantryman, was promoted to pay grade E-4, and served in Vietnam from 18 December 1967 to 6 October 1968.
3. He was honorably released from active duty at the expiration of his term of service on 18 July 1969. His DD Form 214 does not show the Purple Heart and lists the last digit of his SSAN as "7."
4. All of the documents in the applicant's records which contain an SSAN show the last digit of his SSAN as "2" except for his discharge order and his DD Form 214.
5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "FGW [fragment wound] left hand 25 Sep 68." The applicant's conduct and efficiency were always rated as excellent and there is no evidence of any indiscipline in the applicant's records.
6. General Orders Number 290 dated 26 September 1968 awarded the applicant the Purple Heart.
7. Army Regulation 600-8-22 states, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
8. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
9. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 and General Orders Number 290 confirm that the applicant was wounded as the result of hostile action and that he was awarded the Purple Heart for that wound. As such, it would be appropriate to now add that award to his DD Form 214.
2. Since all the documents in the applicant's records, except his discharge order and DD Form 214, show the last digit of the SSAN as "2," the SSAN listed on the applicant's DD Form 214 is obviously in error. As such, he is entitled to have the last digit of his SSAN changed to read "2."
3. The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his service in Vietnam.
4. In addition, since applicant's conduct and efficiency were always rated as excellent and there is no evidence of any indiscipline in the applicant's records, it must be presumed that his lack of a Good Conduct Medal was an administrative oversight. As such, it would now be appropriate to award him the Good Conduct Medal and to add that award to his DD Form 214.
BOARD VOTE:
___X____ ___X____ ___X___ 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 Good Conduct Medal for the period 20 July 1967 to
18 July 1969;
b. by amending his DD Form 214 to add the Good Conduct Medal along with the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
c. by changing the last digit of his SSAN on his DD Form 214 to "2."
_______ _ 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) AR20080013034
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