IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100008746 


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 his social security account number (SSAN) as xxx-xx-5xxx instead of xxx-xx-6xxx.  He also requests correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to show two awards of the Purple Heart and the "South Vietnamese Parachutist Badge."

2.  The applicant states his SSAN is incorrect on his DD Form 214.  He contends he was awarded two awards of the Purple Heart for shrapnel wounds to his left leg, left arm, and forehead.  He further claims that on 28 May 1965 he was awarded the "South Vietnamese Parachutist Badge."

3.  The applicant provides a copy of his Social Security Card bearing the number xxx-xx-5xxx 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 requested authorization to wear the "South Vietnamese Parachutist Badge."  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that commanders (overseas and CONUS) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge.  Any foreign badges not listed in Appendix D will be forwarded to Commander, Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122 for approval.

3.  There is no evidence authorizing the "South Vietnamese Parachutist Badge" to the applicant and this badge is not listed in the current version of Army Regulation 600-8-22, Appendix D.  In the absence of a proper award authority for this badge, the applicant may request authorization for wear of this badge as discussed above.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  The applicant's records show he enlisted in the Regular Army on 30 July 1963 for a period of 3 years.  Upon completion of basic combat and advanced individual training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  Item 32 (Remarks) of the applicant's DD Form 214 shows the entry "SSAN:  xxx-xx-6xxx."  This document also shows he was honorably released from active duty (REFRAD) on 29 July 1966 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining 
Reserve obligation.  He completed a total of 3 years of active service and 1 year, 


5 months, and 16 days of foreign service in the U.S. Army Pacific Command (USARPAC).

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that during his tour of duty in USARPAC he was assigned to Company C, 1st Battalion, 503rd Infantry from 10 February 1964 through 21 March 1965 and to Headquarters and Headquarters Company (HHC) of the same battalion from 22 March 1965 through 19 September 1965.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-1 and M-16), and the Marksman Marksmanship Qualification Badge with Rocket Launcher Bar (3.5 Rocket Launcher).

8.  There are no orders in the applicant’s military personnel records that show that he was awarded any Purple Hearts.  There also is no evidence in his available medical records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 does not show any entry in Item 40 (Wounds) or list any Purple Hearts in Item 41 (Awards and Decorations).  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 

10.  The applicant's military personnel records contain a DA Form 41 (Record of Emergency Data), dated 30 July 1963.  Item 9 (Social Security Number) of this document shows the entry "xxx-xx-5xxx."  His records also contain a copy of a DD Form 398 (Statement of Personal History).  Item 13 (Social Security No.) of this document shows the entry "xxxxx5xxx."

11.  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 request for correction of his DD Form 214 to show his SSAN as xxx-xx-5xxx instead of xxx-xx-6xxx and to add two Purple Hearts was carefully considered and only partially supported by the evidence.

2.  There is no evidence of personnel or medical records and the applicant did not provide any evidence to show he was wounded as a result of hostile action, that he was treated by medical personnel, and that his treatment was made a matter of official record.  Item 40 of his DA Form 20 is void of any entries showing he was wounded as a result of hostile action.  Therefore, there is insufficient evidence upon which to base adding any awards of the Purple Heart to his DD Form 214.

3.  At the time of the applicant's entry into the Army, Soldiers were assigned Service Numbers and did not use their SSAN for service record identification purposes.  However, his record contains two documents which show his SSAN as "xxx-xx-5xxx," as shown on his Social Security Card.  Both of these documents were filed in his military personnel records during his active duty service.  It appears that an administrative error occurred when preparing his DD Form 214 for separation.  Therefore, it would be appropriate to correct item 32 of his DD Form 214 to show the entry "xxx-xx-5xxx."

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 deleting from item 32 of his DD Form 214 the entry "SSAN:  xxx-xx-6xxx" and replacing it with the entry "SSAN:  xxx-xx-5xxx."


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 adding two Purple Hearts to 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)                                         AR20100008746



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ABCMR Record of Proceedings (cont)                                         AR20100008746



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