IN THE CASE OF:	

		BOARD DATE:	 8 December 2009 

		DOCKET NUMBER:  AR20090011294 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to:

	a.  change his social security number from "X95-XX-XXXX" to 
"X59-XX-XXXX";

	b.  change his rank/grade from pay grade E-3 to pay grade E-4;

	c.  show he did not have excess leave at the end of his period of enlistment; and

	d.  show award of the Purple Heart.

2.  The applicant states, in effect, that his social security number is incorrect and should be shown as "X59-XX-XXXX."  He continues that his pay grade at the time of his separation was actually E-4.  The applicant also states that he did not have excess leave at the end of his enlistment.  He further states that he did not receive the Purple Heart to which he was entitled.  The applicant concludes that these errors have an adverse impact on many aspects of his life and should be corrected.

3.  The applicant provides no documentary evidence 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 record shows that he was inducted into the Army of the United States and entered active duty on 26 October 1965.  He completed basic and advanced individual training and was awarded the military occupational specialty 11H (Infantry Direct Fire Crewman).  The highest rank/grade he achieved while serving on active duty was private first class (PFC)/E-3.  On 25 October 1967, the applicant was released from active duty with an honorable characterization of service and transferred to U.S. Army Reserve (USAR) Control Group (Annual Training).

3.  Item 2 (Grade) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his rank/grade as PFC/E-3.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam during the period 12 May 1966 through 10 May 1967.

5.  Item 33 (Appointments and Reductions) of the applicant's DA Form 20 and Headquarters, 1st Brigade, 101st Airborne Division, General Order Number 138, dated 18 May 1966, show he was promoted to PFC/E-3 with a date of rank of 18 May 1966.  Item 33 does not show the applicant was subsequently promoted to pay grade E-4.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he served in Company B, 2nd Battalion, 327th Airborne Infantry Regiment.  Item 38 also shows the applicant was a patient at the 106th General Hospital during the period 25 June 1966 through 1 September 1966.  Item 38 further shows the applicant received conduct and efficiency ratings of "excellent" for each of his duty assignments.

7.  Item 40 (Wounds) of the applicant's DA Form 20 shows he sustained a gunshot wound to his left foot on 20 June 1966.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.

9.  Headquarters, 1st Brigade, 101st Airborne Division, General Order Number 138, dated 18 May 1966, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while serving in the Republic of Vietnam during the period 12 May 1966 to 11 May 1967.

10.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows his social security number as "X95-XX-XXXX."

11.  Item 5a (Grade, Rate or Rank) of the applicant's DD Form 214 shows him as a PFC and item 5b (Pay Grade) shows him as an E-3 at the time of his separation.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the Vietnam Service Medal, the Parachutist Badge, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.  This form does not show award of the Purple Heart or the Army Commendation Medal.

13.  Item 30 (Remarks) of the applicant's DD Form 214 indicates he utilized 14 days of excess leave during the period 26 May 1967 through 7 June 1967.

14.  The Vietnam casualty roster shows that the applicant was wounded as the result of hostile action on 20 June 1966.

15.  U.S. Army Administration Center, St. Louis, Missouri, Letter 
Order 11-260488, dated 22 November 1967, assigned the applicant to the USAR Control Group (Annual Training) effective 26 October 1967 in the rank/grade of PFC.

16.  The applicant's record contains a Transcript of Master Personnel Record (Enlisted), dated 26 May 1969.  Item 11 (GCode) of this form shows his grade code as "3."  Item 12 (Grade) shows his grade as PFC.  Item 26 shows his social security number as "X59-XX-XXXX."

17.  U.S. Army Administration Center, St. Louis, Missouri, Letter 
Order 10-1234746, dated 13 October 1971, discharged the applicant from the USAR effective 25 October 1971 in the rank/grade of PFC.  The applicant's social security number appears as "X59-XX-XXXX" on these orders.

18.  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.  This regulation shows 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 twice for accomplishments during his tenure based on Department of the Army General Orders Number 21, dated 1969.

19.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Meritorious Unit Commendation for accomplishments during his tenure based on Department of the Army General Orders Number 1, dated 1969, which amended Department of the Army General Orders Number 17, dated 1968.

20.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

21.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in the Vietnam Counteroffensive and Vietnam Counteroffensive Phase II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

22.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  This regulation established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated that the separating Soldier's social security number would be entered in item 3, his or her pay grade at the time of separation would be entered in item 5b, and any excess leave utilized would be entered in Item 30.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to correction of his records to show his social security number as "X59-XX-XXXX", his pay grade as E-4, that he did not utilize excess leave at the end of his period of enlistment, and award of the Purple Heart were carefully considered and determined to have partial merit.

2.  The evidence of record shows the applicant's social security number is 
"X59-XX-XXXX."  Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as "X59-XX-XXXX."

3.  General orders show the applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to have his records corrected to show this individual award.

4.  The preponderance of evidence shows the applicant sustained a wound as the direct result of enemy action during military operations against a hostile force while serving in the Republic of Vietnam.  Therefore, the applicant is entitled to award of the Purple Heart and to have his records corrected to show this award.

5.  The evidence shows the applicant completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) for the period 26 October 1965 through 25 October 1967 and to correction of his records to show this award.

6.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

7.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment. 
Therefore, he is entitled to have his records corrected to show this foreign unit award.

8.  The evidence shows the applicant participated in two campaigns while serving in the Republic of Vietnam.  The record also shows the applicant was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal and to have his records corrected to show award of the Vietnam Service Medal with two bronze service stars.

9.  The preponderance of evidence shows the applicant held the rank/grade of PFC/E-3 both at the time of his separation from active duty and throughout the remainder of his service in the USAR.  The applicant's record is devoid of any evidence and he has failed to provide any evidence that he was ever promoted to pay grade E-4 while serving on active duty.  Therefore, he is not entitled to correction of his record to show he held pay grade E-4 at the time of his separation.

10.  Item 30 of the applicant's DD Form 214 indicates he utilized 14 days of excess leave during the period 26 May 1967 through 7 June 1967.  In the absence of evidence to the contrary, government regularity insofar as the process for preparing DD Form 214 must be presumed.  Therefore, there is insufficient evidence to delete this entry from the applicant's DD Form 214.

11.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement as pertains to changing his pay grade to E-4 or deleting the entry showing that he utilized excess leave.  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.

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.  amending item 3 of his DD Form 214 to show his social security number as "X59-XX-XXXX";

	b.  awarding the applicant the Purple Heart;

	c.  awarding the applicant the Army Good Conduct Medal (first award) for the period 26 October 1965 through 25 October 1967; and

	d.  adding the following awards to item 24 of the applicant's DD Form 214:

		(1)  the Purple Heart;

		(2)  the Army Commendation Medal;

		(3)  the Army Good Conduct Medal (first award);

		(4)  the Meritorious Unit Commendation;

		(5)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

		(6)  two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

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 changing his pay grade to 
E-4 or deleting the entry showing that he utilized excess leave.



      ___________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)                                         AR20090011294



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ABCMR Record of Proceedings (cont)                                         AR20090011294



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