IN THE CASE OF:	  

		BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090006218 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.  He also requests award of the Purple Heart.

2.  The applicant states that his SSN is 2xx-7x-9xxx.  He also contends that the Purple Heart is not on his DD Form 214.

3.  The applicant provides documentation from the Social Security Administration; a copy of his DD Form 214; and a record of military deposits 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 DD Form 398 (Statement of Personal History), dated 24 March 1966, shows SSN 2xx-7x-9xxx.  He was inducted into the Army of the United States on 31 March 1966.  He arrived in Vietnam on 26 September 1966.  The applicant served as a light weapons infantryman assigned to Company C, 2nd Battalion, 28th Infantry, in Vietnam from 1 October 1966 through 1 May 1967.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 28th Infantry, in Vietnam from 2 May 1967 through 22 September 1967.  On 29 March 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).
 
3.  Item 3 of the applicant’s DD Form 214 shows SSN 6xx-2x-4xxx.  His DD Form 214 shows the National Defense Service Medal, the Army Commendation Medal, the Army Good Conduct Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

4.  There are no orders for the Purple Heart in the available records.  However, the Vietnam casualty roster shows he was wounded in action on 1 March 1967.

5.  Headquarters, 1st Infantry Division, General Orders Number 341, dated 7 December 1966, show the applicant received the Combat Infantryman Badge.

6.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 2nd Battalion, 28th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 21, dated 1969.

8.  Department of the Army Pamphlet 672-3 also shows the 2nd Battalion, 28th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 53, dated 1970.

9.  The majority of the applicant’s service personnel records contain a service number.  However, the remaining service personnel records show 
SSN 2xx-7x-9xxx.

10.  In support of his SSN claim, the applicant provided documentation, dated 3 April 2009, from the Social Security Administration which shows his SSN is 2xx-7x-9xxx.

11.  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 military medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant's SSN is 2xx-7x-9xxx.  Therefore, it would be appropriate to correct item 3 on his DD Form 214 to show this SSN.

2.  The entry on the Vietnam Casualty Roster which shows the applicant was wounded on 1 May 1967 is accepted as sufficient evidence on which to award the Purple Heart in this case.

3.  Orders show the applicant received the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  The applicant participated in two campaigns during his assignments in Vietnam which entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected 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 the entry in item 3 of his DD Form 214;

	b.  adding the SSN shown on the Social Security Administration documentation provided by the applicant in item 3 to his DD Form 214;

	c.  awarding him the Purple Heart for wounds received in action on 1 May 1967 in Vietnam; and

	d.  adding the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      ____________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)                                         AR20090006218



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ABCMR Record of Proceedings (cont)                                         AR20090006218



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