IN THE CASE OF:	  

		BOARD DATE:	 29 March 2011 

		DOCKET NUMBER:  AR20100024023 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "53x-xx-x9xx" vice "55x-xx-x4xx" and to show award of the Purple Heart.

2.  The applicant states the SSN on his DD Form 214 is incorrect.  He has a service connected disability for a grenade blast and he was awarded a Purple Heart; he needs it added to his DD Form 214.  He believes the clerk made a typographical error when he was discharged and he was so excited to leave Vietnam he did not see the errors on his DD Form 214.

3.  The applicant provides his DD Form 214 and a portion of a bank statement.

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 record shows he was inducted into the Army of the United States (AUS) on 11 October 1966 and he held military occupational specialty 12A (Pioneer).  His induction documents do not contain his SSN.

3.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his SSN as "53x-xx-x9xx."

4.  His DA Form 41 (Record of Emergency Data), dated 13 May 1967, lists his SSN as "53x-xx-x9xx."  He authenticated this form by placing his signature in the appropriate block.

5.  His records contain various forms and orders that list only his service number and not his SSN.

6.  He served in Vietnam from on or about 18 April 1967 to 10 July 1968. 

7.  Headquarters, U.S. Army Personnel Center Special Orders Number 197, dated 15 July 1968, released him from active duty.  His SSN is shown as
"53x-xx-x9xx." 

8.  On 15 July 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve for completion of his remaining Reserve obligation.  He completed 1 year, 9 months, and 5 days of active service. 

9.  There are no orders in the applicant's record which show he was awarded the Purple Heart.  His DD Form 214 does not show award of the Purple Heart.

10.  Item 3 (SSN) of his DD Form 214 shows his SSN as "55x-xx-x4xx."

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Campaign Medal, and the Vietnam Service Medal.
12.  Item 40 (Wounds) of his DA Form 20 contains no entry.
13.  There is no medical evidence in the available record which shows he sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

14.  The Vietnam Casualty List, a compilation of all casualties during the Vietnam War, does not list the applicant as a casualty.

15.  The applicant provides a copy of a bank statement, undated, which shows a VA benefit was issued to him using SSN "53x-xx-x9xx." 

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 20, created when he entered active duty, lists his SSN as
"53x-xx-x9xx" as does his DA Form 41.  In addition, orders releasing him from active duty list his SSN as "53x-xx-x9xx." 

2.  In view of the foregoing it can be presumed that SSN "55x-xx-x4xx" which is listed on his DD Form 214 was a clerical error.  Therefore, he is entitled to the requested relief. 

3.  With respect to correcting his DD Form 214 to show award of the Purple Heart, his record shows he served in Vietnam for almost 15 months.  However, his record does not contain any evidence that indicates he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record.  Therefore, there is an insufficient basis for correcting the applicant's records to show award of the Purple Heart. 

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 SSN "55x-xx-x4xx" and adding
"53x-xx-x9xx." 

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 the 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)                                         AR20100024023



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ABCMR Record of Proceedings (cont)                                         AR20100024023



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