IN THE CASE OF:	  

		BOARD DATE:	    5 May 2011

		DOCKET NUMBER:  AR20110006559 


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:

The applicant defers his request and statement to counsel.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct social security number (SSN).

2.  As a new issue, counsel requests correction of the applicant's DD Form 214 to show the Purple Heart and the Army Commendation Medal with "V" Device.

3.  Counsel states the ninth digit of the applicant's SSN should be corrected from "7" to "2."  Additionally, the applicant originally requested award of the Purple Heart, but his request was denied, partially due to lack of records.  He has now located his military records, including the orders that awarded him the Purple Heart and the Army Commendation Medal with "V" Device.  Both awards should be listed on his DD Form 214.

4.  Counsel provides:

* medical documents, clinical records, charts, and summaries with the applicant's SSN highlighted
* DD Form 214
* DD Form 4 (Enlistment Record – Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
* statement from the applicant
* social security card
* orders and certificate awarding him the Purple Heart
* orders and certificate awarding him the Army Commendation Medal with "V" Device

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080011915 on 16 October 2008.

2.  The applicant and/or counsel submitted medical documents, clinical records, charts, and summaries; orders and certificate awarding him the Purple Heart; and orders and certificate awarding him the Army Commendation Medal with "V" Device, which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and warrant consideration by the Board as an exception to policy.

3.  The applicant's records show he enlisted in the Regular Army on 14 July 1965.  His DD Form 4 listed his service number; it did not list his SSN.  A DD Form 398 (Statement of Personal History) which would have been completed in conjunction with his enlistment and would have shown the SSN he used is not available for review with this case.

4.  His DA Form 20, which was created upon his entry on active duty, shows a hand-written entry for his SSN with the number "7" as the ninth digit.

5.  His records show he held military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from on or about 4 June 1967 to on or about 24 March 1968.  He was assigned to Company B, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade.

6.  He was injured on 27 February 1968.  He was initially transferred in a patient status to Camp Zama, Japan, on 18 March 1968 and ultimately to the Medical Hold Company, Fort Knox, KY, on 25 March 1968.

7.  General Orders Number 70, issued by Headquarters, 71st Evacuation Hospital, dated 28 February 1968, awarded him the Purple Heart for wounds received in action on 27 February 1968.

8.  General Orders Number 1185, issued by Headquarters, 173rd Airborne Brigade, dated 28 April 1968, awarded him the Army Commendation Medal with "V" Device for heroism on 27 February 1968.  The orders list his SSN with the number "2" as the ninth digit.

9.  Counsel submitted a copy of a social security card with the same name as that of the applicant with an SSN that contains the number "2" as the ninth digit.  He also submitted dozens of contemporaneous medical records, documents, charts, progress notes, laboratory reports, and other documents with the applicant's SSN highlighted.  All documents contain as SSN with the number "2" as the ninth digit.

10.  He was honorably released from active duty in the temporary rank/grade of sergeant (SGT)/E-5 on 20 May 1968 and he was transferred to the U.S. Army Reserve Control Group for completion of his remaining Reserve obligation.

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 Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

12.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency rating throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  However, item 44 (Time Lost) of his DA Form 20 shows he had 1 day of lost time due to being absent without leave (AWOL).

13.  A review of the applicant's records reveals his entitlement to additional awards which are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 503rd Infantry, was cited for the:

* Presidential Unit Citation for service from 6 to 23 November 1967 by Department of the Army General Orders (DAGO) Number 5, dated 1979
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970 by DAGO Number 51, dated 1971

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for two campaigns during the applicant's service in the Republic of Vietnam as follows:  Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) and Tet Counteroffensive (30 January 1968 to 1 April 1968).  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

17.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart and the Army Commendation Medal with "V" Device, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows he was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to the Vietnam Service Medal and correction of his records as such.

3.  The evidence of record shows he served in Vietnam from 4 June 1967 to on or about 24 March 1968 when he was wounded and evacuated to Japan.  This service should qualify him for award the Republic of Vietnam Campaign Medal with Device (1960) and correction of his records to show it.

4.  General orders awarded the applicant's unit the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown in his records.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows the applicant served from 14 July 1965 to 20 May 1968.  He attained the temporary rank/grade of SGT/E-5 and was awarded a decoration for valor in combat.  Aside from 1 day of AWOL, he served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

6.  Although his DD Form 398 is not available for review with this case with respect to his SSN, it appears the applicant used an SSN that contained the number "2" as the ninth digit throughout his military service.  It also appears his DD Form 214 inadvertently listed that number as "7."  Therefore, he is entitled to correction of his DD Form 214 to show the ninth digit of his SSN as "2."

BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20080011915, dated 16 October 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN from item 3 of his DD Form 214 and replacing it with the correct SSN with the number "2" as the ninth digit.

2.  The Board determined the evidence presented is sufficient to warrant a further recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 14 July 1965 through 20 May 1968 and

	b.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      __________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)                                         AR20110006559



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ABCMR Record of Proceedings (cont)                                         AR20110006559



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