IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110013221 


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 the documents related to his awards of the Purple Heart and the Army Commendation Medal be corrected to show the correct Social Security Number (SSN) and that these awards be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states the original documents are incorrect.

3.  The applicant provides copies of the certificate for the Purple Heart and the certificate and citation for the Army Commendation Medal (these documents show no Army Service Number (ASN) and a Social Security Number (SSN) of XXX-23-XXXX).

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 with an SSN of XXX-52-XXXX.  He entered active duty, on 21 February 1968, and was assigned an ASN of US XX 565 XXX.  He completed training as an infantryman and was posted to Vietnam for duty.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item:

	a.  38 (Record of Assignments) – A Troop, 1st Squadron, 4th Cavalry, 1st Infantry Division from 28 July 1968 through 24 September 1969; and

	b.  41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam (RVN) Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, Overseas Service Bars (Two), Expert Marksmanship Qualification Badge with Machinegun Bar, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  His Military Personnel Record Jacket contains various orders as follows:

	a.  Fort Lewis, WA Special Orders Number 98, of 8 April 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar;

	b  Fort Lewis, WA Special Orders Number 151, of 31 May 1968, awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar; 

   c.  Fort Lewis, WA Special Orders Number 169,of 18 June 1968, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar;

   d.  1st Infantry Division Special Orders Number 358, of 23 December 1968, awarded him the Combat Infantryman Badge (the ASN matches - the SSN is listed as XXX-23-XXXX);

	e.  1st Infantry Division General Orders Number 6549, of 7 July 1969, awarded him the Purple Heart for a wound sustained in action in 29 June 1969 (no ASN is listed - the SSN) stated as XXX-23-XXXX; and 



   f.  1st Infantry Division General Orders Number 7190 of 21 July 1969 awarded him the Army Commendation Medal for the period July 1968 to July 1969 (no ASN is listed - the SSN is stated as XXX-23-XXXX).

5.  The applicant's DD Form 214 shows he was released from active duty with an honorable characterization of service, on 26 September 1969.  It lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), and the Combat Infantryman Badge.  The applicant's SSN is shown as XXX-52-XXXX, which is the correct SSN designated by the applicant.

6.  The Vietnam Casualty Roster shows an individual with the applicant's name was wounded on 29 June 1969.  This is the only instance of the applicant's surname appearing in the Vietnam Casualty Roster (the ASN is listed as 
XX 865 XXX rather than XX 565 XXX – no SSN is given).

7.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) contains 1st Infantry Division General Orders Number 6549 of 7 July 1969 awarded him the Purple Heart for a wound sustained in action in 29 June 1969 No ASN is listed – the SSN is stated as XXX-23-XXXX.  This is the only ADCARS entry for the applicant's surname.

8.  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:

   a.  1st Squadron, 4th Cavalry was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Orders (DAGO) Number 21 of 1969; and 

   b.  a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign period, including the Vietnam Counteroffensive Phase V from 1 July through 1 November 1968, Vietnam Counteroffensive Phase VI from 2 November 1968 through 22 February 1969, Tet 69/Counteroffensive from 23 February through 8 June 1969, and the Vietnam Summer - Fall 1969 from 9 June - 31 October 1969.

9.  Army Regulation 635-5 (Separation Documents) specifies that awards are to be listed on the DD Form 214 in priority sequence.




DISCUSSION AND CONCLUSIONS:

1.  His SSN was consistently misstated in 1st Infantry Division documents, including the orders for his Combat Infantryman Badge which associated his ASN and the incorrect SSN.

2.  Purple Heart and the Army Commendation Medal in question are the only two instances of the applicant's surname appearing in the usual data bases (ADCARS and the Vietnam Casualty List).

3.  Taken together these facts demonstrate that he was indeed awarded the Purple Heart and the Army Commendation Medal. 

4.  The Purple Heart and the Army Commendation Medal documents should be corrected to show the correct SSN as shown on his DD Form 214. 

5.  He earned four bronze service stars for wear on the Vietnam Service Medal that are not shown on his DD Form 214.

6.  The applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

7.  The above authorized awards should be added to his DD Form 214 in the proper order.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  correcting as appropriate the Purple Heart certificate and Army Commendation Medal citation and certificate to correctly show the applicant's SSN as shown on his DD Form 214;

	b.  deleting the awards currently shown on his DD Form 214; and

	c.  showing on his DD Form 214 that his authorized awards consist of the:
   
* Purple Heart 
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle, Automatic Rifle and Machinegun Bars 



      ____________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)                                         AR20110013221





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ABCMR Record of Proceedings (cont)                                         AR20110013221



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