IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090016238 


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 correction of his social security number (SSN) to show 
"x65-xx-xxxx" instead of "x85-xx-xxx."

2.  The applicant states that he was wounded in action on 22 September 1967 and he was awarded the Purple Heart, but it is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending 29 November 1967 and a copy of a certificate, dated 23 September 1967, showing award of the Purple Heart 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 7 January 1966.  His DD Form 47 (Record of Induction) listed his service number; it does not list his SSN.

3.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13A (Field Artilleryman).  He attained the rank/grade of private first class (PFC)/E-3.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows his service number; it does not show his SSN.

5.  The applicant's records show that he served in the Republic of Vietnam from on or about 1 December 1966 to on or about 30 November 1967.  He was assigned to Battery B, 3rd Battalion, 82nd Artillery, 196th Infantry Brigade.

6.  On 3 June 1967, the applicant completed a DA Form 41 (Record of Emergency Data) and indicated that his SSN was "x65-xx-xxxx."

7.  He was honorably released from active duty on 29 November 1967 in the rank/grade of PFC/E-3 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  The DD Form 214 he was issued shows the following entries:

	a.  Item 3 (Social Security Number) shows his SSN as "x85-xx-xxxx."

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  Item 24 does not show award of the Purple Heart.

8.  Item 40 (Wounds) of the applicant's DA Form 20 shows he suffered a fragment wound to the right forearm on 22 September 1967.

9.  The applicant's name is not shown on the Vietnam casualty roster.  There are no orders in his records that show he was awarded the Purple Heart.

10.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

11.  The applicant submitted a copy of a certificate, dated 23 September 1967 that shows he was awarded the Purple Heart for wounds received in action on 22 September 1967.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

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

14.  Headquarters, 1st Armored Division, Fort Hood, TX, Special Orders Number 60 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to the 3rd Battalion, 82nd Artillery, his unit was awarded the Meritorious Unit Commendation for service from 15 November 1967 through 17 March 1969 based on Department of the Army General Orders (DAGO) Number 39, dated 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

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

17.  A review of the applicant's service record shows derogatory information in the form of nonjudicial punishment (NJP) imposed on 27 August 1967 for being found sleeping on his post on or about 27 August 1967.  However, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

18.  Army Regulation 672-5-1 (Military 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.

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.  With respect to the Purple Heart, although his service record is void of any orders awarding him the Purple Heart, an entry on his DA Form 20 shows he suffered a fragment wound to his forearm on 22 September 1967.  This entry is consistent with the certificate provide by the applicant and shows he was awarded the Purple Heart for wounds received in action on 22 September 1967.  There is sufficient evidence to show he was awarded the Purple Heart and is therefore entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded the applicant’s unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam which are not shown on his records.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  The evidence of record confirms that the applicant served honorably during the period 7 January 1966 through 29 November 1967.  He completed a combat tour in the Republic of Vietnam and received "excellent" conduct and efficiency ratings throughout his military service.  Aside from his minor NJP on 27 August 1967, lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this medal.

7.  With respect to his SSN, the evidence of record shows that the applicant used his service number throughout his military service.  It is unclear what SSN he used.  Although he completed a DA Form 41 and listed the number "6" in the second digit of his SSN, there is no other evidence that he was issued this SSN.  In the absence of a verification from the Social Security Administration that conclusively shows the claimed SSN belongs to the applicant, there is insufficient evidence to correct his SSN in this case.

8.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is an insufficient evidentiary basis for changing his military service records at this time.

9.  Nevertheless, a copy of this decisional document, along with the application and supporting documents, will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the SSN he claims is correct.  Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the SSN under which he served.

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.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 January 1966 through 29 November 1967 and 
	b.  adding to his DD Form 214 the Purple Heart, the Army Good Conduct Medal (1st Award), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two bronze service stars to be affixed to his already-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 his SSN.



      ____________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)                                         AR20090016238



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ABCMR Record of Proceedings (cont)                                         AR20090016238



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