IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100020230 


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 Separation from Active Duty) to show award of the Purple Heart.  He also requests correction of his two DD Forms 215 (Correction to DD Form 214) to show his SSN as X07-XX-XXXX instead of X24-XX-XXXX.  

2.  The applicant states in July 1971 he received a shrapnel wound to the bridge of his nose while in combat but he did not report the wound. 

3.  The applicant provides his DD Form 214 for the period 18 May 1976 to 23 June 1977 and his DD Form 215.

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 DD Form 214 for the period 4 February 1971 to 3 February 1975 shows he served in a Regular Army (RA) status in military occupational specialties 03C (Physical Activities Specialist) and 51B (Carpenter).  His SSN is shown as X24-XX-XXXX.  

3.  A copy of a microfiche DA Form 1 show his SSN as X24-XX-XXXX.

4.  On 18 May 1976, he again enlisted in the RA for a period of 3 years.  His 
DD Form 4 (Enlistment or Reenlistment Agreement) dated 18 May 1976, other enlistment documents, and orders in his military records show his SSN as     X07-XX-XXXX.  His DD Form 214 for the period 18 May 1976 to 23 June 1977 shows his SSN as X07-XX-XXXX.

5.  Two DD Forms 215 dated 5 March 1993, published to correct his DD Forms 214 for the periods ending on 3 February 1975 and 23 June 1977 and contained in his records, both show his SSN as X24-XX-XXXX.

6.  His DD Forms 214 do not show the Purple Heart.

7.  His name does not appear on the Vietnam Casualty Roster.

8.  There is no evidence in the available records and the applicant did not provide any evidence which shows he was ever treated for any wounds sustained as a result of hostile action.

9.  The applicant's records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.

10.  Army Regulation 600-8-22 (Military Awards) provides 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.

11.  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 provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge. 




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the first three digits of his SSN are incorrect on his DD Forms 215.  His enlistment documents from his first two periods of service (key documents normally used to ascertain an individual's correct SSN) are either unavailable or conflicting.  It appears the applicant used the SSN of     X24-XX-XXXX during his first period of military service and X07-XX-XXXX during the period from 18 May 1976 to 23 June 1977.  Based on the available evidence it is not possible to determine with certainty which SSN is the applicant's correct SSN.  As such, it would not be appropriate to correct his DD Forms 215 to show X07-XX-XXXX.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his current SSN in his military records, however, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  There is no evidence in his available records or any corroborating evidence provided by him which shows he sustained any wounds requiring medical treatment by medical personnel or that such medical treatment was made a matter of official record.  He acknowledged that he did not report the wound.

4.  His name is not listed on the Vietnam Casualty Roster.

5.  In the absence of evidence showing he was wounded as a result of hostile action and he was treated for such wounds and that the medical treatment was made a matter of official record, there is insufficient evidence upon which to base award of a Purple Heart.  As a result, the regulatory burden of proof necessary to support award of a Purple Heart has not been satisfied in this case.  Therefore, there is insufficient basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20100020230



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ABCMR Record of Proceedings (cont)                                         AR20100020230



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