IN THE CASE OF:	  

		BOARD DATE:	  14 May 2009

		DOCKET NUMBER:  AR20080019325 


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.  He also requests correction of his social security number on his Purple Heart certificate to show *******74 instead of *******47.

2.  The applicant states this award was not entered on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, Purple Heart certificate, and Purple Heart order in support of this 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 records show he was inducted into the Army of the United States on 7 May 1968.  His social security number was recorded as "74" at that time.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of infantry indirect fire crewman.  He was promoted to pay grade E-4.

3.  The applicant provided Headquarters, 25th Infantry Division, General Orders Number 3263, dated 23 March 1970, showing award of the Purple Heart for wounds received in connection with military operations against a hostile force.  The last two digits of his social security number appear as "47" on both his Purple Heart orders and certificate.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that during his tour of duty in the Republic of Vietnam, he was assigned to Company C, 1st Battalion (Mechanized), 5th Infantry, 25th Infantry Division performing duties as an assistant gunner.

5.  Item 30 (Remarks) of the applicant's DD Form 214 shows he served in the Republic of Vietnam during the period 6 April 1969 through 26 March 1970.
  
6.  He was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) on 26 March 1970 after completing 1 year, 10 months, and 20 days of creditable active service.

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant's personnel records contain Headquarters, 25th Infantry Division, Special Orders Number 132, dated 12 May 1969, showing award of the Combat Infantryman Badge.  However, this award is not shown on the applicant's DD Form 214.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time the applicant was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.




10.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority while serving on active duty.  His DA Form 20 shows all "excellent" conduct and efficiency ratings and no adverse actions were shown in other available records.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded, among other awards, the Vietnam Service Medal.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the TET 69 Counteroffensive (23 February 1969 - 8 June 1969), Vietnam 
Summer-Fall 1969 (9 June - 31 October 1969), and Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  The unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 9, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's full name, the unit issuing the order, and his social security number (with the exception of the last two digits) on the order awarding him the Purple Heart are the same as that on other documents in his records.  The date of wounding shown on the order coincides with the dates he served in Vietnam.  As such, the preponderance of evidence is sufficient for accepting the general orders awarding the applicant the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant contends his social security number is incorrect on his Purple Heart certificate and requests the Board correct the error, if possible.  The preponderance of evidence supports his contention.  As such, he is entitled to correction on his Purple Heart certificate and Purple Heart order to show his social security number as *******74 instead of *******47.

3.  Special orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correction of his records to show this award.

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period 7 May 1968 through 26 March 1970;

	c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal (first award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with 3 bronze service stars;

	d.  amending Headquarters, 25th Infantry Division, General Orders Number 3263, dated 23 March 1970 to show his social security number as *******74 instead of *******47; and

	e.  reissuing his Purple Heart certificate with the social security number as *******74 instead of *******47.




      _______ _  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)                                         AR20080019325



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019325



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1