BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012458 


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 awards of the Purple Heart, the Air Medal, the Bronze Star Medal (BSM) and any other awards not included.  He also request that his Social Security Number (SSN) be corrected to reflect a “4” in the fourth digit and a “1” in the seventh digit. 

2.  The applicant states that his awards of the Purple Heart, the Air Medal and the BSM are not reflected on his DD Form 214.  Additionally, his SSN is incorrectly reflected on his DD Form 214 as having a “9’ in the fourth digit instead of a “4” and a “7” in the seventh digit instead of a “1”.

3.  The applicant provides:
* A copy of his Purple Heart Certificate
* A copy of his Air Medal Certificate
* A copy of his Social Security Card
* A copy of his DD Form 214
* A copy of a letter from the National Personnel Records Center indicating his authorized awards

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 enlisted on 24 March 1966 for a period of 3 years.  At the time of his enlistment, his SSN was recorded as XXX-4X-X1XX.  He completed his basic training at Fort Leonard Wood, Missouri, his advanced individual training as a light weapons infantryman at Fort Ord, California and his airborne training at Fort Benning, Georgia, where he was awarded the Parachutist Badge before being transferred to the Canal Zone on 25 September 1966.

3.  He departed the Canal Zone on 10 September 1967 and was transferred to Fort Campbell, Kentucky for assignment to Company C, 1st Battalion (Airborne), 501st Infantry Regiment, 101st Airborne Division.

4.  On 15 December 1967, he was transferred to Vietnam with his unit and on 4 April 1968, he sustained a fragmentation wound to the chest from a hostile  anti-tank round while on combat operations.  He was awarded the Purple Heart on 9 April 1968 in General Orders Number 49, issued by the 85th Evacuation Hospital.

5.  He was also awarded the Combat Infantryman Badge (CIB) in Special Orders Number 95, issued by Headquarters, 101st Airborne Division on 4 April 1968.

6.  On 22 October 1968, General Orders Number 7952, issued by Headquarters, 101st Airborne Division awarded the applicant the BSM for meritorious service from January to August 1968.

7.  He departed Vietnam on 10 December 1968 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 14 December 1968 as an overseas returnee.  He had served 2 years, 8 months and 12 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal and the Vietnam Service Medal (VSM).  His DD Form 214 reflects a SSN of XXX-9X-X7XX


8.  A review of the applicant’s official records as well as a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to produce an order which awarded the applicant the Air Medal or copies of any flight records.

9.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to the 101st Airborne Division, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation.  Additionally, the applicant served in five campaigns while in Vietnam and thus is authorized to wear one silver service star on his already awarded VSM. 

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was awarded the Air Medal is not in doubt, he has not provided and his records do not contain orders awarding him the Air Medal.  Regrettably, the citation provided by the applicant does not serve as sufficient evidence to enter the award of the Air Medal into official records.

2.  However, the evidence of record does show that the applicant was awarded the Purple Heart, the BSM, the CIB and the Parachutist Badge.  Accordingly, those awards should be added to his records at this time.

3.  Additionally, the applicant is entitled to have the awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one bronze service star for wear on his VSM added to his records as well.

4.  The applicant’s contention that his SSN is incorrectly reflected on his DD Form 214 has also been noted and found to have merit.  His records reflect that his SSN at the time of his service was XXX-4X-X1XX; however, his DD Form 214 reflects the numbers XXX-9X-X7XX.  Accordingly, his SSN should be changed at this time as well.

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:

* Showing his awards of the Purple Heart, the BSM, the CIB, the Parachutist Badge, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver service star to be worn on his already awarded VSM.
* Showing that his SSN is XXX-4X-X7XX

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 the award of the Air Medal to his records.



      __________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)                                         AR20100012458





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ABCMR Record of Proceedings (cont)                                         AR20100012458



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