IN THE CASE OF:	  

		BOARD DATE:	    10 March 2011

		DOCKET NUMBER:  AR20100019666 


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 (Report of Transfer or Discharge) to show two awards of the Purple Heart and his correct social security number (SSN).

2.  The applicant states the data on his DD Form 214 is wrong.  His SSN ends in "4246."

3.  The applicant provides copies of his social security card and page 4 of his DA Form 20 (Enlisted Qualification Record) showing two awards of the Purple Heart.

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 without the use of an SSN and entered active duty on 10 August 1966.

3.  During training he qualified as a Marksman with the M-1 rifle and as a Sharpshooter with the M-16 rifle.  He completed training as a construction machine operator and served in Vietnam from 14 May 1967 to 14 May 1868.

4.  His Vietnam service included assignment to the 27th Engineer Battalion with duty with the 168th Engineer Construction Battalion from 24 May through 18 September 1967 and to the 557th Engineer Company from 19 September through 14 May 1968.

5.  U.S. Army Engineer Command Vietnam General Orders Number 382, dated 28 August 1967, awarded him the Purple Heart for wounds sustained on 17 August 1967.

6.  Headquarters, 20th Engineer Brigade, General Orders Number 88, dated 30 October 1967, awarded him the Army Commendation Medal with "V" Device and General Orders Number 140, on 29 November 1967, awarded him the Purple Heart with First Oak Leaf Cluster for wounds sustained on 4 September 1967.

7.  He was separated from active duty and transferred to the U.S. Army Reserve on 14 May 1968 with an honorable characterization of service.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Campaign Medal, Purple Heart, Vietnam Service Medal, and Army Commendation Medal.

8.  His SSN was used only four times in his service record.  It is shown as ending in "4246" except on his separation orders and his DD Form 214.

9.  The applicant's records and the pertinent references indicate he is authorized or entitled to other awards that do not appear or appear incorrectly on his DD Form 214.

	a.  Army Regulation 600-8-22 (Military Awards) provided that:

		(1)  One bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Campaign periods corresponding with the applicant's tour of duty include the Vietnam Counteroffensive Phase II, 1 July 1966-31 May 1967; Vietnam Counteroffensive Phase III, 1 June 1967-29 January 1968; the Tet Counteroffensive, 30 January-1 April 1968; and the Vietnam Counteroffensive Phases IV, 2 April 1968-30 June 1968.
		(2)  The Republic of Vietnam (RVN) Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for 6 months of qualifying service in Vietnam during the period 1 March 1961-28 March 1973.

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was appropriately assigned or attached, the 27th Engineer Battalion was authorized the Meritorious Unit Commendation for the period 1 April 1967 through 31 March 1968 by Department of the Army General Orders (DAGO) Number 38, dated 1979, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 9 August 1966 through 18 April 1988.  The 168th Engineer Battalion was awarded the Valorous Unit Award for the period 5 January through 15 July 1967 by DAGO Number 1, dated 1969, and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 43, dated 1970.  All units serving in Vietnam were authorized the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's awards and SSN are misstated on his DD Form 214.

2.  The applicant's decorations consist of the Army Commendation Medal with "V" Device and two awards of the Purple Heart.

3.  His service medals consist of the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, and RVN Campaign Medal with Device (1960).

4.  His unit awards are comprised of the Valorous Unit Award, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation (2nd Award).

5.  His marksmanship awards are the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

6.  The above awards should replace the current inaccurate listing on his DD Form 214.



BOARD VOTE:

__X_____  ___X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 issuing a DD Form 215 (Correction to DD Form 214) to:

	a.  correct his SSN to end in "4246,"

	b.  delete the awards currently listed on his DD Form 214, and

	c.  show his awards on his DD Form 214 as the Army Commendation Medal with "V" Device, Purple Heart (2nd Award), National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal Unit Citation (2nd Award), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).




      ___________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)                                         AR20100019666



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019666



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1