IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100014762
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 3 (Social Security Number) of his DD Form 214 (Report of Transfer or Discharge) to show "xxx-xx-xxx8" instead of "xxx-xx-xxx3." He also requests award of the Purple Heart.
2. The applicant states:
* The number was typed incorrectly on his DD Form 214
* He had a combat injury in Vietnam
3. The applicant provides a copy of his Social Security card in support of his application.
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 applicants 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 applicants 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 7 October 1965. His DD Form 398 (Statement of Personal History), dated 13 November 1965, shows his SSN as "xxx-xx-xxx8." He served as a light vehicle driver in Vietnam and he was released from active duty on 10 August 1967. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. Item 3 of the applicants DD Form 214 shows his SSN as "xxx-xx-xxx3." Item 24 (Decorations, Medals, Badgers, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart as an authorized award.
4. The applicant was honorably discharged from the USAR on 6 October 1971.
5. The majority of the applicant's service personnel records contain a service number. However, his DA Form 41 (Record of Emergency Data) and discharge orders from the USAR, dated 22 September 1971, show his SSN as
"xxx-xx-xxx8."
6. In support of his claim to amend his SSN, the applicant provided a copy of his Social Security card which shows the number "xxx-xx-xxx8."
7. There are no orders for the Purple Heart in the applicants service personnel records.
8. The applicant's DA Form 20 (Enlisted Qualification Record) 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. 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 award of the Purple Heart pertaining to the applicant.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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. Evidence of record shows the applicants SSN as "xxx-xx-xxx8" at the time of his enlistment. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect the correct SSN.
2. The applicant contends he had a combat injury. However, there is no evidence of record and the applicant did not provide any evidence which shows he was wounded or injured as a result of hostile action in Vietnam. There are also no orders for the Purple Heart in the available records. Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.
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 3 of his DD Form 214 the entry "xxx-xx-xxx3" and replacing it with the entry "xxx-xx-xxx8."
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 award of the Purple Heart.
____________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) AR20100014762
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ABCMR Record of Proceedings (cont) AR20100014762
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