BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100007496 


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 item 1 (Last Name - First Name -Middle Name) and item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Transfer or Discharge).  He also requests award of the Purple Heart.

2.  The applicant states:

* he went to the Social Security office and they could not find anything to verify the SSN shown on his DD Form 214
* he was told he was issued SSN 0xx-4x-9xxx in 1969
* administrative errors have had a negative impact on his Department of Veterans Affairs (DVA) benefits and a correction would make things easier in the future

3.  The applicant provides a copy of his:

* DD Form 214 for the period ending 9 April 1969
* DVA Rating Decision, dated 3 September 1969
* Judgment Changing Name, dated 16 December 1987
* Social Security Card, issued on 15 January 2010


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 on 20 April 1967.  He trained as an armor crewman and he was released from active duty on 9 April 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 1 of the applicant's DD Form 214 shows the name C----- R--------.  Item 3 of his DD Form 214 shows his SSN as 0xx-4x-9xxx.  His DD Form 214 does not show the Purple Heart as an authorized award.

4.  All of the applicant's service personnel records show the name C----- R--------.  His records include documents, such as a DD Form 47 (Record of Induction) DD Form 398 (Statement of Personal History), DD Form 1584 (National Agency Check Request), DA Form 2784 (Request for and Results of Personnel Security Action), and DA Form 20 (Enlisted Qualification Record).

5.  The majority of the applicant's service personnel records contain a service number.  However, some documents reflect his SSN as 0xx-4x-0xxx,
4xx-6x-6xxx, and 0xx-4x-9xxx.  Those documents with his SSN include:

* DD Form 398, dated 26 April 1967 (SSN 0xx-4x-0xxx)
* DD Form 1584, undated (SSN 0xx-4x-0xxx)
* DA Form 2784, dated 21 July 1967 (SSN 0xx-4x-0xxx)
* DA Form 20, last audited on 8 April 1969 (SSN 0xx-4x-0xxx)
* Special Orders Number 55, dated 1 March 1968 (SSN 4xx-6x-6xxx)
* Special Orders Number 111, dated 20 April 1968) (SSN 4xx-6x-6xxx)
* Unit Orders Number 32, dated 10 July 1968 (SSN 0xx-4x-0xxx)
* Special Orders Number 71, dated 12 March 1969 (SSN 0xx-4x-9xxx)
* Special Orders Number 99, dated 9 April 1969 (SSN 0xx-4x-9xxx)

6.  Letter Orders Number 03-1068337 show the applicant was honorably discharged from the USAR on 1 April 1973 under the name of C----- R-------- with the SSN of 0xx-4x-8xxx.

7.  There is no evidence in the available records and he did not provide any evidence which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

8.  The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  There are no service medical records available for review.

10.  In support of his claim to correct his name, the applicant provided a Judgment Changing Name document issued by a judge at the Broward County Court House, Fort Lauderdale, FL on 16 December 1987.  This document show the applicant completely changed his name from C----- R-------- to C------ R---.

11.  In support of his claim to correct his SSN, the applicant provided a copy of his Social Security and which was issued on 15 January 2010, showing his SSN as 0xx-4x-8xxx.

12.  In support of his claim for the Purple Heart, the applicant provided a DVA Rating Decision, dated 3 September 1969, which shows he was granted service-connection for residuals of shrapnel wounds to his back, left hand, buttocks, and lower extremities.  This decision also states his separation examination showed shrapnel wounds to back and legs (skin only).

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

14.  Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s induction record and service personnel records show the name C----- R--------.  It appears he appropriately served on and was released from active duty under the name C----- R--------.  He did not change his name until 1987, 18 years after his release from active duty.  While it is understandable the applicant desires to have the records changed to his current name of C------ R---, there is no basis for compromising the integrity of the Army's records, in particular, the applicant’s DD Form 214.

2.  The applicant contends the Social Security Administration issued him the SSN of 0xx-4x-8xxx in 1969.  There is a discrepancy in the applicant’s SSN through his military personnel records.  SSNs of 0xx-4x-0xxx, 4xx-6x-6xxx, 0xx-4x-9xxx, and 0xx-4x-8xxx are used.  Therefore, in the absence of evidence from the Social Security Administration verifying the applicant's SSN was 0xx-4x-8xxx during the time of his active duty service from 20 April 1967 to 9 April 1969, there is an insufficient basis for changing the SSN on his DD Form 214.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct full name and SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current full name and SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the full name and SSN recorded in his military record and to satisfy his desire to have his correct full name and SSN documented in his OMPF.

5.  There are no orders for the Purple Heart in the available records.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the DVA Rating Decision provided by the applicant is not sufficient as a basis for award of the Purple Heart.  Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x___  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20100007496



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)