IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110013003
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 "255-XX-XXXX" and his award of the Purple Heart.
2. The applicant states his DD Form 214 has the wrong SSN on it and it does not show the Purple Heart he received in 1967 at the 17th Field Hospital in Saigon during the Tet Offensive.
3. The applicant provides copies of his DD Form 214 and his social security card.
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 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 on 26 September 1966. He completed training and was awarded military occupational specialty 52B (Power Generation Equipment Operator).
3. The majority of the documents in his Military Personnel Records Jacket (MPRJ) show his service number; however, in the few instances where his SSN does appear, it is shown as "225-XX-XXXX."
4. Records show he served in Vietnam from 22 March 1967 to on or about 14 March 1968. During this time he was assigned to Headquarters, U.S. Army Headquarters Area Command.
5. On 25 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN as "225-XX-XXXX." He authenticated this document by signing in item 32 (Signature of Person Being Transferred or Discharged).
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was previously awarded the Purple Heart.
7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank indicating he did not sustain any wounds during his military service. His MPRJ does not contain orders for the Purple Heart and his name does not appear on the Vietnam casualty roster.
8. He provides a copy of his social security card; however, it is not dated so there is no way to determine if or when his SSN may have been changed.
9. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflect the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that throughout his entire period of military service, his SSN was documented as "225-XX-XXXX." When required by the form, he authenticated these documents by placing his signature in the appropriate blocks indicating they contained his correct SSN. The requested SSN does not appear in his MPRJ.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 that the applicant desires to now record his proper SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him this portion of the requested relief.
4. With regard to his request for correction of his DD Form 214 to show the Purple Heart, his available records do not contain evidence he was awarded the Purple Heart during his period of service in the Republic of Vietnam. Absent such evidence, there is an insufficient basis to grant award of the Purple Heart.
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 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) AR20100016576
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ABCMR Record of Proceedings (cont) AR20110013003
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