IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090020701 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Purple Heart (PH) and Bronze Star Medal (BSM) with “V” (Valor) Device to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  He also requests the Social Security Number (SSN) in item 3 (Social Security Number) be corrected.  

2.  The applicant states the SSN in item 3 of his DD Form 214 is incorrect.  He also states he earned the PH and BSM with “V” Device while serving in the Republic of Vietnam (RVN) and they should be added to item 24 of his DD Form 214.  

3.  The applicant provides the following documents in support of his application:

* Standard Form (SF) Form 513 (Clinical Record-Consultation Sheet)
* 25th Infantry Division General Order (GO) 3634, dated 16 May 1968
* Pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record)
* Convalescent Leave Orders, dated 7 August 1968
* DD Form 214, dated 14 November 1968



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 he was inducted into the Army and entered active duty on 5 October 1966.  The primary identification numbers at the time of the applicant’s induction were the Selective Service Number and Army Service Number (ASN).  The documents prepared during his induction processing do not list an SSN.

3.  The DA Form 20 prepared on the applicant on 31 March 1967, in addition to his ASN, contains the SSN he now claims is incorrect which lists the number 6 as the fifth digit and number 9 as the seventh digit in item 1 (Name and Service Number).  The majority of orders and documents in his Official Military Personnel File (OMPF) do not list an SSN.  The few documents in the record that do list an SSN, list the SSN listed on his DA Form 20 which he now claims is incorrect.  

4.  The applicant’s DA Form 20 shows he served in the RVN from 29 September 1967 through 10 March 1968 in item 31 (Foreign Service).  Item 38 (Record of Assignments) shows he was assigned to Troop C, 3rd Squadron, 4th Cavalry Regiment while serving in the RVN.  It also shows he entered a patient status on 29 February 1968 and was medically evacuated first to Japan and ultimately to Fort Gordon, Georgia.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 contains an entry showing he was wounded in action and received burns to his face and legs in the RVN on 21 February 1968.  

6.  The applicant’s OMPF contains a DA Form 8-275-2 (Clinical Record Cover Sheet) prepared at the United States Army Hospital, Fort Gordon, dated 
13 November 1968.  This document contains entries confirming the applicant received second degree burns to his face, neck, both arms, and his left leg when he was wounded in action in the RVN.
7.  The 13 November 1968 DA Form 8-275-2 further shows the applicant also received a fracture to his left tibia, fibula and left ulna when he was wounded in action in the RVN.  It shows his injuries were the result of a blast from an enemy rocket propelled grenade round.  

8.  The applicant’s OMPF also contains Headquarters, 25th Infantry Division GO 3634, dated 16 May 1968.  This order awarded the applicant the BSM with “V” Device for heroism in action in the RVN on 31 January 1968.  

9.  On 14 November 1968, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four/E-4, after completing 2 years, 1 month, and 4 days of creditable active military service.  

10.  The DD Form 214 issued to the applicant upon his REFRAD on                  14 November 1968 lists the SSN he now claims is incorrect in item 3.  Item 24 shows he earned the following awards during his active duty tenure:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal (RVNCM) with Device 1960
* Marksman Marksmanship Qualification Badge with Rifle Bar

11.  On 4 October 1972, the applicant was honorably discharged from the United States Army Reserve (USAR) upon completion of his military service obligation.  The discharge orders issued to him at this time listed the SSN he now claims is incorrect in the standard name line.  

12.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record.  

13.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) and TET Counteroffensive (30 January 1968-1 April 1968) campaigns. 

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (Troop C, 3d Squadron, 4th Cavalry Regiment) was authorized the RVN Gallantry Cross (RVNGC) with Palm Unit Citation (1 August 1967 through August 1968), authorized in DAGO 48, issued in 1971; and RVN Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation (1 August 1967 through 21 January 1970), authorized in DAGO 51, issued in 1971.  

15.  Army Pamphlet 672-3 also shows that the applicant's unit (3d Squadron, 4th Cavalry Regiment) received the Presidential Unit Citation (PUC) (31 January 1968), authorized in DAGO 69, issued in 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH and BSM with “V” Device should be added to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms he was wounded in action in the RVN on 
21 February 1968 and was treated for those wounds by military medical personnel.  Therefore, it would be appropriate to award him the PH and to add it to his record and DD Form 214 accordingly.

2.  The applicant’s OMPF also contains official orders awarding the applicant the BSM with “V” Device for his heroism in action in the RVN on 31 January 1968.  As a result, it would also be appropriate to add this award to his DD Form 214.  

3.  The evidence of record also shows that based on his RVN service and campaign participation, the applicant is eligible for the PUC, RVNGC with Palm Unit Citation, RVNCAHM First Class Unit Citation and 2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.  

4.  The applicant’s request to correct the SSN on his DD Form 214 has also been carefully considered.  However, the evidence does not support this claim.  The record confirms the applicant was inducted, served, and was separated under the SSN he now claims is incorrect.  The Army has an interest in maintaining the accuracy of its records for historical purposes, and normally would not change an SSN under which a member performed military service because the military records should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  As a result, it would not be appropriate to change the SSN listed on his DD Form 214 given it is the one under which he performed his military service.  



5.  This Record of Proceedings, along with the application submitted by the applicant, will be filed in his OMPF to provide clarity to any confusion that might arise regarding his different SSNs.  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 him the PH for being wounded in action in the RVN on 
21 February 1968; and 

   b.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the Vietnam Service Medal with 2 bronze service stars, Bronze Star Medal with “V” Device, Purple Heart, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 Social Security Number listed on 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)                                         AR20090020701



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ABCMR Record of Proceedings (cont)                                         AR20090020701


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