BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090015652 


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 award of the Purple Heart for wounds sustained on 8 May 1968.  He also says his SSAN (Social Security Account Number) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is wrong.

2.  The applicant says record keeping in his unit was slipshod and careless.  He notes he has orders for a Bronze Star Medal with “V” Device, but it's not reflected on his DD Form 214.  He says the Department of Veterans Affairs requires the Purple Heart to determine some treatment benefits.  

3.  He also states that the middle two numbers on his SSAN are “84” and not “81” as reflected on his DD Form 214.

4.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 15 June 1966.  By September 1967 he was promoted to pay grade E-5.

3.  He arrived in Vietnam in October 1967 and performed duties with the 3rd Battalion, 506th Infantry.  On 5 September 1968 he received the Bronze Star Medal for meritorious service during the period 3 October 1967 to 2 October 1968.  Orders confirming the award are contained in his official military personnel file.  The award was omitted from his DD Form 214.

4.  No medical records were available to the Board or provided by the applicant.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  His name is not on the Vietnam Casualty Roster and no record shows he was awarded the Purple Heart.

5.  The applicant’s record doesn’t reflect award of the Bronze Star Medal with “V” Device.

6.  The applicant's record is void of any disciplinary actions, his conduct and efficiency rating were "excellent" throughout his service, and there is no record of a commander's disqualification for the Army Good Conduct Medal.

7.  On 2 October 1968 he departed Vietnam.  The applicant completed his enlistment at Fort Benning, GA.

8.  On 13 June 1969 the applicant was honorably released from active duty.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reflects the following awards and decorations:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle (M14 and M16) and Machinegun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart for a wound sustained as a result of hostile action.  Substantiating evidence must show the wound resulted from hostile action, required treatment by medical personnel, and the medical treatment was made a matter of official record.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in four campaigns:  Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January 1968 - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968), Vietnam Counteroffensive Phase V
(1 July 1968 - 1 November 1968).  This same regulation states bronze service stars on the Vietnam Service Medal denote the number of campaigns an individual participated in.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms the applicant's unit received three unit awards while he was a member of the organization:

* Valorous Unit Award (31 January  - 25 February 1968) by Department of the Army General Orders (DAGO) 43, dated 1970 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (19 July 1968 - 14 May 1969) by DAGO 43, dated 1970

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
(18 March 1968 - May 1970) by DAGO 48, dated 1971

12.  The Army adopted the use of SSAN in July 1969 in lieu of the military service number for identifying Army personnel.  At the time the applicant enlisted in the Regular Army he was identified with an “RA” (Regular Army) service number.    The majority of documents in the applicant’s file, including his 
DA Form 20 indicate the middle two digits of his SSAN are “84.”  However, orders releasing him from active duty, his clothing record, and his Bronze Star Medal order do show the middle two digits as “81.”  His 1969 DD Form 214 also shows the middle two digits of his SSAN as “81.”







13.  Reference:

	a.  Army Regulation 672-5-1 (Military Awards) provided for award of the Army Good Conduct Medal to individuals who completed a qualifying period of active duty enlisted service.  The period was 3 years except in cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

	b.  Army Regulation 600-8-22 states the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with awards of the Army Commendation Medal, Air Medal, and the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant isn't entitled to the Purple Heart because no evidence shows he was wounded as a result of hostile action.

2.  While the applicant states he has orders awarding him the Bronze Star Medal with “V” device, his records show he was awarded the Bronze Star Medal for meritorious service.

3.  Evidence confirms he is entitled to the following:

* Bronze Star Medal
* Four bronze service stars for wear on his Vietnam Service Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  The applicant completed a qualifying period for award of the Army Good Conduct Medal upon his release from active duty in June 1969.  His records are devoid of any disciplinary action, his conduct and efficiency ratings were "excellent," and there is no record of a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal for the period 15 June 1966 to 13 June 1969.





5.  The applicant enlisted and entered military service prior to the use of SSAN as a means of identifying Soldiers.  While he doesn’t provide evidence confirming his correct SSAN, the majority of documents in his file show the middle two digits of his SSAN as “84” vice “81.”  It’s possible his DD Form 214 shows the digits “81” because those were the numbers on the orders releasing him from active duty.  Both numbers are shown in the applicant’s file, but the majority of documents reflect “84” vice “81” as the middle two digits of his SSAN.  It would be in the interest of equity and justice to correct his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by:

   a.  changing the middle two digits of his SSAN on his 1969 DD Form 214 to show “84” vice “81,”

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars,

	c.  awarding him the Army Good Conduct Medal (first award) for the period 15 June 1966 to 13 June 1969, and

	d.  adding to item 24 of his DD Form 214 the following additional awards:

* Bronze Star Medal
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
	2.  The Board further determined 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 award of the Purple Heart and the Bronze Star Medal with “V” Device.



      ____________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)                                         AR20090015652



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ABCMR Record of Proceedings (cont)                                         AR20090015652



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