BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100010411 


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) with an effective date of 28 August 1969 be corrected by:

* adding his award of the Purple Heart
* changing his social security number (SSN) from XXX-XX-0227 to 
XXX-XX-0267

2.  He also requests that his Purple Heart medal be reissued to him.

3.  The applicant states he never received his Purple Heart medal.

4.  The applicant provides 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's military personnel records show he enlisted in the Regular Army on 16 January 1968 for a period of 2 years.  At the time of his enlistment a Soldier's SSN was not entered on the enlistment documents.  He was assigned the Army service number (ASN) RA XX 030 XXX.

3.  On a DD Form 398 (Statement of Personal History) the applicant entered his SSN as XXX-XX-0267.

4.  The applicant's DA Form 41 (Record of Emergency Data) shows his SSN as XXX-XX-0267.

5.  Documents throughout the applicant's military personnel records jacket (MPRJ) reflect his SSN as XXX-XX-0227 or XXX-XX-0267.  However, the majority of the documents reflect his SSN as XXX-XX-0267.

6.  The applicant was assigned to Company A, 1st Battalion, 11th Infantry, in the Republic of Vietnam from 23 July 1968 to 22 September 1968.

7.  A memorandum from the Naval Hospital, USS Sanctuary (AH-17), dated 24 September 1968, subject:  Purple Heart Medal, Order for Presentation of, awarded the applicant the Purple Heart for wounds received on 22 September 1968.  This memorandum shows his ASN as RA XX 050 XXX with a handwritten correction showing his correct ASN as RA XX 030 XXX.  This memorandum also indicates that Purple Heart certificates were not issued.

8.  The applicant's MPRJ contains a copy of a Western Union telegram, dated 24 September 1968, that was sent to his parents.  The telegram reported the applicant was slightly wounded in Vietnam on 22 September 1968 as a result of hostile action.  His ASN shown on this document is RA XX 030 XXX.

9.  The records contain a copy of a message released by the Commanding General, U.S. Army Vietnam, on 24 September 1968.  This message reported the applicant was wounded in the face by metal fragments while on a combat operation.  The applicant was identified with the ASN RA XX 030 XXX.

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "gunshot wound throat, jaw."  The entry is dated 22 September 1968.

11.  On 28 August 1969, the applicant was released from active duty.  He completed 1 year, 7 months, and 13 days of active service that was characterized as honorable.

12.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows his SSN as XXX-XX-0227.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he is authorized the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), and the Expert Marksmanship Qualification Badge (M-16 Rifle).

14.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

15.  Based on the applicant's dates of service in Vietnam, table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968).

16.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows the 1st Battalion, 11th Infantry, is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 August to 2 November 1968.

18.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the SSN shown on his DD Form 214 should be XXX-XX-0267 instead of XXX-XX-0227.  He also contends that his Purple Heart should be entered on his DD Form 214 and that he should be reissued his medal.

2.  Throughout the applicant's MPRJ his SSN is shown as XXX-XX-0267 or 
XXX-XX-0227.  However, most of the documents show his SSN as 
XXX-XX-0267.  In addition, the DD Form 398 in his MPRJ shows he entered the SSN XXX-XX-0267 and his DA Form 41, a critical document, also shows his SSN as XXX-XX-0267.  Therefore, the preponderance of evidence in this case indicates his SSN is XXX-XX-0267 and his DD Form 214 should be changed to reflect this SSN.

3.  Although the letter awarding the applicant the Purple Heart contained an incorrect ASN, the Western Union telegram and the message released by the Commanding General, U.S. Army Vietnam, both identified the applicant with the correct ASN, thereby verifying the applicant was wounded and awarded the Purple Heart.  Therefore, this award should be added to his DD Form 214 and his medal should be reissued to him.  In addition, he should be issued a Purple Heart Certificate for wounds received on 22 September 1968 in the Republic of Vietnam.

4.  The applicant's records do not show indiscipline or lost time; he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 16 January 1968 through 28 August 1969 ending with the termination of a period of Federal military service.

5.  The applicant's military personnel records show he participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star to be worn on his Vietnam Service Medal.

6.  Based on the applicant's service with the 1st Battalion, 11th Infantry, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


BOARD VOTE:

___x_____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 awarding him the first award of the Army Good Conduct Medal for the period 16 January 1968 through 28 August 1969.

2.  The Board also recommends that his DD Form 214 be corrected by:

	a.  amending item 3 to read XXX-XX-0267 instead of XXX-XX-0227 and

	b.  amending item 24 to add the:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

3.  The Board also recommends the applicant be reissued the Purple Heart medal and that he be issued a Purple Heart Certificate for wounds received on 22 September 1968 in the Republic of Vietnam.



      __________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)                                         AR20100010411



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ABCMR Record of Proceedings (cont)                                         AR20100010411



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