IN THE CASE OF:	  

		BOARD DATE:	        7 May 2009

		DOCKET NUMBER:  AR20080019598 


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, correction of his separation document to show his correct social security number (SSN), that he was wounded twice as a result of hostile actions, and two awards of the Purple Heart.

2.  The applicant states, in effect, that the SSN on his separation document shows the SSN 303-##-####; however, his SSN is 301-##-####.  He also states that he received shrapnel wounds in combat on 18 December 1965 and a puncture wound to his leg from a punji stake in the spring of 1966.  The applicant further states that this information should be documented in his service medical records and that correction of his separation document is vital to his receipt of veteran benefits.

3.  The applicant provides copies of three self-authored letters, dated 17 July 2007, 28 September 2007, and 3 April 2008; three Personnel Support Division, Veterans Support Branch, Information Papers, dated 26 March 2008, 31 March 2008, and 2 May 2008; his Social Security Card; and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Copies 1 and
2, with an effective date of 9 June 1969.

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 personnel records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States) that shows the applicant enlisted in the Regular Army (RA) and entered active duty for a period of 3 years on
25 June 1963.  Item 2 (Service Number) contains the entry “RA 15 ### 662.”  The document does not show the applicant’s SSN, as the U.S. Armed Forces were not using the SSN as a means of personal identification at the time.

3.  The applicant’s military personnel records contain a DD Form 398 (Statement of Personal History).  In Item 13 (Employment), Social Security Number block, the applicant entered “301-##-####.”  This document also shows the applicant signed the form, along with a witness, on 20 July 1963.

4.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

     a.  Item 1 (Name and Service Number) shows the applicant’s Service Number as “RA 15 ### 662.”

     b.  Item 31 (Foreign Service) shows that he served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 20 August 1965 through
9 June 1966.

     c.  Item 38 (Record of Assignments), in pertinent part, shows that while serving in the RVN the applicant was assigned to Company C, 1st Battalion (Airborne), 8th Cavalry, 1st Cavalry Division (Airmobile), USARPAC, from
21 September 1965 through 5 June 1966.
   
     d.  Item 40 (Wounds) is absent an entry.

     e.  Item 41 (Awards and Decorations) fails to show he was awarded the Purple Heart.

5.  There is no documentation in the applicant’s military personnel records that shows he was wounded or treated for wounds as a result of hostile action.  In addition, a review of The Adjutant General's Office, Casualty Division, Casualty Reference Name Listing for Vietnam confirmed that the applicant’s name is not listed on the document.

6.  A review of the applicant’s military personnel records revealed that there are no orders in the applicant’s records that show he was awarded the Purple Heart.

7.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce any award orders pertaining to the applicant showing he was awarded the Purple Heart.

8.  The applicant’s military personnel records contain a DD Form 214 (Copies
2 and 5) that show he enlisted in the RA on 25 June 1963; was honorably released from active duty (REFRAD) on 9 June 1966; and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 2 years, 11 months, and 15 days of net active service this period and 9 months and 20 days of foreign service.  Item 2 (Service Number) contains the entry “RA 15 ### 662” and Item 32 (Remarks), in pertinent part, contains a typed entry “SSAN-” (i.e., Social Security Account Number); however, neither Copy 2 or Copy 5 of the DD Form 214 contains an entry following this acronym.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded the Purple Heart and Item
26 (Wounds Received As A Result of Action With Enemy Forces) contains the entry “None.”  

9.  The applicant's military personnel records contain a USAAC Form 170 (Army Reserve Personnel Data Review), coded on 10 December 1966.  Item 1 (Social Security Account Number) contains the entry “301-##-####” and Item 5 (Service Number) contains the entry “ER 15 ### 662.”

10.  The applicant's military personnel records contain a copy of Headquarters, Office of The Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, Letter Order USAR 05-258397, dated 22 May 1968, subject:  U.S. Army Reserve Assignment or Transfer.  This Letter Order, in pertinent part, contains the entry “SSAN:  301-##-####.”

11.  In support of his application, the applicant provides the following documents.

     a.  Three self-authored letters, dated 17 July 2007, 28 September 2007, and
3 April 2008, that the applicant wrote to the Commander, USAR Personnel Center, Veterans Support Branch, St. Louis, Missouri.  These letters show, in pertinent part, the applicant requested correction of Item 27 of his DD Form 214 to show he was wounded in combat action on 18 December 1965 and also in the spring of 1966.  He also requested correction of Item 32 to show his SSAN as “301-##-####.”

     b.  Three Personnel Support Division, Veterans Support Branch, Information Papers, dated 26 March 2008, 31 March 2008, and 2 May 2008.  These documents show, in pertinent part, the applicant was advised to provide a copy of his Social Security Card; that the copy of the DD Form 214 the applicant provided did not match the DD Form 214 on file in his official military personnel records; and that he may apply to the ABCMR to determine the existence of possible error in his records.

     c.  Social Security Card that shows the applicant’s SSN is “301-##-####.”

     d.  DD Form 214 (Copy 1) with an effective date of 9 June 1969 that shows Item 2 contains the entry “RA 15 ### 662” and Item 32, in pertinent part, contains the typed entry “SSAN-” followed by the typed entry “303-##-####.”  

     e.  DD Form 214 (Copy 2) with an effective date of 9 June 1969 that shows Item 2 contains the entry “RA 15 ### 662” and Item 32, in pertinent part, contains the typed entry “SSAN”; however, there is no typed entry following the acronym.  

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions for Item 2 (Service Number) state, “enter the individual's service number and authorized prefix.”  (There was no regulatory requirement to enter the SSN on the DD Form 214 at the time the applicant was REFRAD.)

13.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number), effective 1 July 1969, announced the use of the SSN in lieu of military service numbers.

14.  Army Regulation 600-8-22 (Military Awards) 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 medical personnel, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 with an effective date of 9 June 1966 should be corrected to show his SSN as “301-##-####” because his SSN was incorrectly recorded on Copy 1 of the document.  He also contends that his DD Form 214 should be corrected to show he was wounded in the RVN on 18 December 1965 and in the spring of 1966, and that he received two awards of the Purple Heart.

2.  The evidence of record shows that the applicant enlisted in the RA on 25 June 1963 and his SSN was subsequently recorded in his military service records as “301-##-####.”  It is noted that the evidence of record confirms the applicant’s military personnel records consistently show his SSN as “301-##-####” on those documents that required the recording of his SSN.  The evidence of record also shows the applicant was honorably REFRAD on 9 June 1966; however, his SSN was not recorded on his DD Form 214, as there was no requirement for such an entry on the DD Form 214 at the time.  Although the Individual Copy (i.e., Copy 1) that the applicant provides of his DD Form 214 shows (in Item 32) the entry “303-##-####”, it is not clear why or by whom this entry was typed.  In any event, the evidence of record shows that the applicant’s SSN is correctly recorded in his military personnel records, in all instances, when it was required.  Therefore, the applicant is not entitled to correction of his DD Form 214 in this case.

3.  The applicant provides no official documentary evidence pertaining to his wounds or injuries (e.g., battle casualty report, medical treatment records, etc.) in support of his request.  There is no evidence in the applicant’s military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; the applicant's name is not listed on The Adjutant General's Office, Casualty Division's, Casualty Reference Name Listing; and there are no orders in the applicant’s military personnel records that show he was awarded the Purple Heart.  In addition, there is no evidence in the applicant’s military service records that shows he was wounded as a result of hostile action, that such wound required treatment by medical personnel, or that the medical treatment was made a matter of official record.  In view of all of the foregoing, there is insufficient basis for awarding the Purple Heart or the Purple Heart (1st Oak Leaf Cluster) to the applicant in this case. 

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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.




      _______ _   _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)                                         AR20080019598



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ABCMR Record of Proceedings (cont)                                         AR20080019598



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