IN THE CASE OF:	  

		BOARD DATE:  17 January 2012

		DOCKET NUMBER:  AR20110014446 


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 XXX-XX-XX5X instead of 
XXX-XX-XX4X 
* the highest civilian education level he attained as 12 years instead of 
11 years
* two awards of the Purple Heart

2.  The applicant states:

* his SSN is incorrect due to a typo
* he completed 12 years of school and graduated from Bloomington Senior high school located in Bloomington, MN in 1965
* he was awarded the Purple Heart for an injury he received during his service in Vietnam
* a federal telegram was sent for one Purple Heart in January or February of 1967
* most of his records were destroyed in a house fire on 4 March 1998

3.  The applicant provides a copy 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 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 records contain a DD Form 398 (Statement of Personal History).  Item 9 (Education) shows he attended the University of Minnesota from September 1965 until January 1966 and did not graduate with a degree.

3.  He listed his SSN as XXX-XX-XX4X on his DD Form 398 and he placed his signature in the appropriate block of this form verifying the information he provided was correct.  

4.  He was inducted into the Army of the United States on 15 August 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 15 February 1967 to 11 February 1968.  He was assigned to Company C, 1st Battalion, 7th Calvary, 1st Calvary Division. 

5.  Item 32 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows he attended the University of Minnesota in 1966, but did not acquire a college degree.

6.  Item 40 (Wounds) of his DA Form 20 contains one entry.  The entry shows he received fragment wounds to his head and thigh on 15 March 1967.

7.  The applicant's records contain a Western Union telegram informing his family he sustained metal fragment wounds to the head and right thigh from a hostile grenade while on a combat operation in Vietnam on 15 March 1967.  The telegram further states his wounds were treated at the 85th Evacuation Hospital.

8.  All of the documents in his military record list his SSN as XXX-XX-XX4X.


9.  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 6 August 1968.  His DD Form 214 shows in:

* item 3 (Social Security Number) - XXX-XX-XX4X
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Bronze Star Medal
* Air Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Vietnam Campaign Medal
* One Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)

* Item 30 (Remarks) - Highest civilian education level attained:  11 Years - General Course

10.  His records do not contain general orders authorizing him award of the Purple Heart and his name is not shown on the Vietnam casualty roster.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is also a synopsis of the Soldier's most recent period of continuous active duty. 

15.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

16.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  Furthermore, the applicant's records contain no derogatory information that would have disqualified him from being awarded the Army Good Conduct Medal.

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, states the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

18.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)

19.  Headquarters, Department of the Army General Orders (DAGO) Number 39, dated 1970, awarded the 1st Battalion, 7th Cavalry the Valorous Unit Award for the period of 1-31 October 1967 and DAGO Number 70, dated 1969, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 through 19 May 1969.

20.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his education, the evidence of record shows he completed 
6 months of college education, but did not receive a college degree.  It can be concluded that he successfully completed the 12th grade and graduated from high school.  Therefore, he is entitled to correction of his records to show he completed 12 years of civilian education.

2.  His record shows he was injured as a result of enemy grenade fragments, and he was treated by medical personnel.  This information was recorded in item 40 of his DA Form 20 and on the telegram the Army sent to his parents.  He is therefore entitled to the award of the Purple Heart, and to have his records updated to show award of one Purple Heart.

3.  There is no evidence to show the applicant was injured or wounded a second time as a result of hostile action.  There is insufficient evidence to support awarding him a second award of the Purple Heart.

4.  The evidence of record shows he served honorably from 15 August 1966 through 6 August 1968.  He received "excellent" efficiency and conduct ratings throughout his military service, attained the rank/grade of sergeant/E-5, and completed a combat tour in Vietnam.  Absent any derogatory information on file that would have disqualified him it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  General orders awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards. 

7.  He served in Vietnam from 15 February 1967 to 11 February 1968.  Army Regulation state that for service in Vietnam one Overseas Service Bar was authorized for each period of 6 months active Federal service.  The applicant served in Vietnam for twelve months .  Therefore he is entitled to have his 
DD Form 214 corrected to show two Overseas Service Bars.

8.  The evidence of record shows upon his induction the applicant filled out a 
DD Form 398 listing his SSN as XXX-XX-XX4X.  He consistently used this SSN throughout his entire period of military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct SSN.

9.  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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 

10.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's SSN was correct on all of his military service records, including the DD Form 214 at the time of his discharge, and there is insufficient evidence to grant him relief on this issue.

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 24 of his DD Form 214 the entry "One Overseas Service Bar"
* deleting from item 30 of his DD Form 214 the entry "Highest civilian education level attained:  11 Years - General Course"
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 August 1966 through 6 August 1968
* awarding him the Purple Heart for wounds received in action on 15 March 1967
* adding to item 24 of his DD Form 214 the: 

* Army Good Conduct Medal (1st Award) 
* Purple Heart 
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal 
* Valorous Unit Award 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Two Overseas Service Bars

* adding to item 30 of his DD Form 214 the entry "Highest civilian education level attained:  12 Years - General Course"

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 a second award of the Purple Heart and changing his SSN. 



      _______ _  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)                                         AR20110014446



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ABCMR Record of Proceedings (cont)                                         AR20110014446



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