IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100011934 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number as "x69-xx-xxxx" instead of "x96-xx-xxxx."  He also requests, in effect, correction of his DD Form 214 to show award of the Purple Heart.

2.  The applicant states the error in his social security number may make it difficult for him to access his Department of Veterans Affairs (DVA) benefits in the future.

3.  The applicant provides a copy of the following documentary evidence:

	a.  his DD Form 214 for the period ending 29 November 1969;

	b.  General Orders Number 7453, issued by Headquarters, 4th Infantry Division, dated 1 December 1969, awarding him the Purple Heart; and

	c.  his social security card.

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 24 January 1968.  His military personnel service record contains a copy of a DD Form 47 (Record of Induction) that shows in Section I (General), item 1 (Last Name - First Name - Middle Name) the entry "SSN: x69-xx-xxxx."  In addition, Special Orders Number 15, issued by the Armed Forces Examining and Entrance Station, Oakland, CA, dated 24 January 1968, show his SSN as "x69-xx-xxxx."  He completed his initial entry training and he was awarded military occupational specialty 91B (Medical Corpsman).  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his social security account number (SSAN) as
x69-xx-xxxx.  This SSAN was used throughout his service record and in the publication of official orders.

4.  The applicant served in the Republic of Vietnam from 19 January to
25 November 1969.  He was assigned to Company D, 1st Battalion, 69th Armor, 4th Infantry Division. 

5.  The applicant was honorably released from active duty on 29 November 1969 by reason of school release.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he competed 1 year, 10 months, and 6 days of total active service with 10 months and 22 days of foreign service.

6.  Item 3 (Social Security Number) of his DD Form 214 shows the entry "x96-xx-xxxx."

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.  However, it shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal [with Device (1960)]
* Vietnam Service Medal 
* Combat Medical Badge 
* Army Good Conduct Medal

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Purple Heart.

9.  The applicant was awarded the Purple Heart for wounds received by hostile fire on 4 July 1969 by General Orders Number 7453 issued on 1 December 1969.

10.  The applicant submitted a copy of his social security card that shows his SSN as "x69-xx-xxxx."

11.  References:

	a.  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.  It states, in pertinent part, 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.

   b.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that while the 


applicant was assigned to the 1st Battalion, 69th Armor, his unit was awarded the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 - 28 July 1969, by Department of the Army General Order (DAGO) 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 31 October 1969, by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military personnel service record confirms his SSN was 
"x69-xx-xxxx" when he was inducted into military service based on his initial induction document.  All other official documents in his available records show his social security number as "x69-xx-xxxx."  Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as "x69-xx-xxxx."

2.  By general orders, the applicant was awarded the Purple Heart after he had separated from active duty.  Therefore, he is entitled to a correction of his DD Form 214 to show this award.

3.  During the applicant's assignment to his unit in Vietnam it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these two unit awards.

4.  Records show the applicant was awarded the Vietnam Service Medal.  Records further show he participated in four campaigns phases while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

___X___  ____X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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:

	a.  deleting from item 3 of his DD Form 214 the entry "x96-xx-xxxx" and replacing it with the entry "x69-xx-xxxx";

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   c.  adding to item 24 of his DD Form 214 the:
   
* Purple Heart 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _________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)                                         AR20100011934



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ABCMR Record of Proceedings (cont)                                         AR20100011934



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