IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100000844
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Purple Heart and that he be issued a new Purple Heart Certificate reflecting his correct social security account number (SSAN).
2. The applicant states he was injured on 15 May 1970 while on a convoy in Cambodia when a mine exploded injuring his back, left shoulder, and head. He also states that his Purple Heart Certificate contains an error in his SSAN; in effect, the certificate reflects a "3" in the eighth digit and it should reflect an "8" in the eighth digit.
3. The applicant provides a copy of his Purple Heart Certificate showing he was awarded the Purple Heart on 17 May 1970 by the 3d Field Hospital for wounds received on 15 May 1970; a copy of a pre-printed letter from the commander of the 3d Field Hospital, dated 16 August 1969; a copy of a statement from the applicant; and 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 was inducted into the Army of the United States in San Juan, Puerto Rico, on 27 February 1969. He completed his basic training at Fort Gordon, Georgia, and was transferred to Fort Benning, Georgia, where he underwent training as a cook's helper.
3. On 19 March 1970, he was transferred to Vietnam for assignment to Headquarters and Headquarters Troop, 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division, for duty as a first cook. He was subsequently attached to Troop C.
4. On 17 May 1970, General Orders Number 116, published by the 3d Field Hospital awarded the applicant the Purple Heart for wounds received in action on 15 May 1970. The Purple Heart Certificate and his orders reflect the number "3" in the eighth digit of his SSAN. However, his records show the eighth digit of his SSAN as the number "8."
5. His records show that on 20 May 1970, he was transferred to the 249th General Hospital in Japan and on 1 July 1970 he was transferred to Fort Sill, Oklahoma, where he remained until he was honorably released from active duty (REFRAD) on 21 February 1971 due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal (VSM).
6. On 22 October 2009, the U.S. Army Human Resources Command issued a DD Form 215 to the applicant showing that he was also awarded the Army Good Conduct Medal, the VSM with three bronze service stars (vice the VSM), the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
7. A review of the applicant's separation physical indicates he received multiple fragment wounds to his back and shoulder and that he spent 60 days in the
249th General Hospital in Japan. However, his name is not contained on the Vietnam casualty listing.
8. Army Regulation 600-8-22 (Military Awards) provides 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the Purple Heart should be added to his records has been noted and appears to have merit. The applicant was awarded the Purple Heart for wounds received on 15 May 1970; however, the award was omitted from his DD Form 214 at the time of his REFRAD. Accordingly, it would be in the interest of justice to add the award at this time.
2. The applicant also contends that his Purple Heart Certificate contains an error in his SSAN and that he should be issued a new certificate. The evidence of record shows the certificate was prepared to reflect the digit "3" in the eighth digit of his SSAN when, in fact, his SSAN contains an "8" in the eighth digit.
3. Accordingly, he should be issued a new Purple Heart Certificate reflecting his correct SSAN and his Purple Heart orders should be corrected to reflect his correct SSAN.
BOARD VOTE:
____x____ ____x____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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
adding his award of the Purple Heart and issuing him a new Purple Heart Certificate with his correct SSAN and by correcting his Purple Heart orders to reflect his correct SSAN.
_____________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) AR20100000844
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ABCMR Record of Proceedings (cont) AR20100000844
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