IN THE CASE OF:	  

		BOARD DATE:	       27 AUGUST 2009

		DOCKET NUMBER:  AR20090005724 


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 his correct Social Security Number (SSN). 

2.  The applicant states, in effect, that his DD Form 214 does not show award of the Purple Heart and that it shows a SSN that contains the number "4" instead of the number "6" in the fifth digit of his SSN. 

3.  The applicant provides a copy of his DD Form 214, dated 18 September 1967; and a copy a Purple Heart Certificate, dated 6 February 1967, in support of his request.  

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 and entered active duty on 6 December 1965.  His DD Form 47 (Record of Induction) contains his Selective Service Number; it does not contain his SSN. Furthermore, in connection with his induction, the applicant completed a DD Form 398 (Statement of Personal History) on 6 December 1965 and listed his SSN as unknown.  However, a U.S. Army Request for National Agency Check contained in the applicant's records reflect his SSN as "xxx-x4-xxxx." 

3.  The applicant’s records also show he completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) created on 13 December 1965 shows the applicant’s SSN as “xxx-4-xxxx.” 

5.  The applicant's records show he served in the Republic of Vietnam from
22 September 1966 to 17 September 1967.  He was assigned to Company A, 2nd Battalion, 22nd Infantry Regiment, 4th Infantry Division.

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 18 September 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows the following entries:

	a.  Item 3 (Social Security Number) shows the entry "xxx-x4-xxxx"; and

	b.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Army Good Conduct Medal (1st Award).  Item 24 does not show award of the Purple Heart.

7.  Headquarters, 249th General Hospital, General Orders Number 28, dated 9 March 1967, show the applicant was awarded the Purple Heart for wounds received in action on 6 February 1967 in the Republic of Vietnam.

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

9.  Headquarters, 4th Infantry Division, Special Orders Number 52, dated 13 December 1966, show the applicant was awarded the Combat Infantryman Badge.

10.  Headquarters, 4th Infantry Division, Special Orders Number 207, dated 20 August 1966, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  Headquarters, 4th Infantry Division, Special Orders Number 48, dated 21 February 1966, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 2nd Battalion, 22nd Infantry was awarded the Presidential Unit Citation for its service on 21 March 1967 based on Department of the Army General Orders Number 59, dated 1971; Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 October 1966 to 1 August 1967 based on Department of the Army General Orders Number 48, dated 1971; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 1 August 1967 to 21 January 1970 based on Department of the Army General Orders Number 51, dated 1971. 

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967 to
29 January 1968) campaigns during his service in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Item 3 of the version in effect at the time states to verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and his correct SSN. 

2.  General orders awarded the applicant the Purple Heart for wounds received in action on 6 February 1967 in the Republic of Vietnam which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.
3.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

4.  Special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  General orders awarded the applicant’s unit of assignment the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time he was assigned to the unit which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  With respect to the applicant’s SSN, it appears that throughout his military service, the applicant consistently indicated that his SSN was xxx-x4-xxxx.  His DA Form 20 that was created upon his entrance into the Army confirms that at the time, he was assigned a SSN that contained the number 4 as the fifth digit.    Most of his military documents show the number 4 as the fifth digit of his SSN, to include his DD Form 214.  There is no indication that he used the number 6 as the fifth digit of his SSN.

8.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN 
under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

9.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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:

   a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

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 correcting the applicant's SSN.



      __________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)                                         AR20090005724



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005724



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1