IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120001171 


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 correct social security number (SSN), that he served in the Republic of Vietnam (RVN), and all of his awards and decorations.

2.  The applicant states the sixth and seventh digits of the SSN recorded on his
DD Form 214 are incorrect.  He also states he served with the 1st Cavalry Division in RVN and he was wounded during a rocket attack.

3.  The applicant provides a copy of his DD Form 214.

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.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 27 May 1968, shows for his SSN:  "XXX-XX-7944."

3.  The applicant's DD Form 47 (Record of Induction) shows he was inducted in the Army of the United States on 27 May 1968.  The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.  However, in addition to the applicant's name, item 1 (Last Name - First Name - Middle Name) shows the entry "SSAN:  XXX-XX-6844." 

4.  Armed Forces Examining and Entrance Station, Nashville, Tennessee, Special Orders Number 106, dated 27 May 1968, inducted the applicant into the Army of the United States on 27 May 1968.  The orders show his SSN as
"XXX-XX-7944."

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 1 (Name and Service Number):  (in part) "XXX-XX-6844";

	b.  item 31 (Foreign Service):  Vietnam beginning on 10 December 1968;

	c.  item 33 (Appointments and Reductions):  he was promoted to private first class (PFC)/pay grade E-3 on 17 December 1968;

	d.  item 38 (Record of Assignments):  Company C, 1st Battalion,
12th Cavalry, 1st Air Cavalry Division, from 19 December 1968 through 15 April 1969;

	e.  item 39 (Campaigns):  no entry (is blank);

	f.  item 40 (Wounds):  no entry (is blank); and

	g.  item 41 (Awards and Decorations):  does not show the Purple Heart.
  
6.  His DD Form 214 shows the applicant entered active duty on 27 May 1968 and he was honorably discharged on 15 April 1969.  He completed 10 months of active service.  It also shows in:

	a.  item 22 (Statement of Service), block c (Foreign and/or Sea Service):  "USARPAC (U.S. Army Pacific); 0 years, 4 months, and 5 days";


	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

	c.  item 30 (Remarks):  does not show he served in Vietnam.

7.  A review of the applicant's military personnel records failed to reveal any evidence he was awarded the Purple Heart.

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

9.  The Vietnam Casualty Roster does not show the applicant's name.

10.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

11.  Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, South Carolina, Special Orders Number 186, dated 18 October 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that at the time of the applicant's assignment to Company C, 1st Battalion, 12th Cavalry, the battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 56 (1969)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42 (1970)

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam participation credit was awarded for the:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)

	c.  The Purple Heart is awarded for a wound sustained while in action against an 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 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.

	b.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  It also states for:

    	(1)  item 3:  transcribe the SSN from the DA Form 2139 (Military Pay Voucher);
   
	 	(2)  item 24:  enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein; and

	 	(3)  item 30:  the "Remarks" section will be used to complete entries too long for their respective items.  Effective 15 March 1972, it shows that Indochina and Korea service on or after 5 August 1964 will be shown by entering inclusive dates of service for Vietnam, and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct SSN, that he served in the RVN, and all of his awards and decorations.

2.  Records show the applicant recorded his SSN on a DD Form 398 at the time of his induction processing and this SSN was recorded on his induction orders.  However, an incorrect SSN was recorded on the applicant's DD Form 47 and the same incorrect SSN was recorded on his DD Form 214 when he was discharged.
Thus, the evidence supports the applicant's contention that an incorrect SSN was entered on his DD Form 214 and that his records should be corrected.

3.  Records show the applicant served in Vietnam (USARPAC) for a period of
4 months and 5 days (i.e., from 10 December 1968 to 15 April 1969). Although the effective date for showing a member's overseas service in the "Remarks" section of the DD Form 214 was effective after he was discharged, it would be appropriate to show this overseas service in this case.

4.  The applicant's claim to the Purple Heart was carefully considered.
	
	a.  The applicant provides no corroborating medical records regarding his claim.

	b.  There is no evidence in the applicant's military personnel records that shows he was wounded or injured in action as a result of a hostile act of such enemy.

   c.  There is no record of medical treatment to satisfy the strict requirement for award of the Purple Heart.

	d.  The applicant's name is not listed on the Vietnam casualty listing and there is no evidence the applicant was awarded the Purple Heart.

5.  The sincerity of the applicant's claim is not in question.  However, in order to support awarding a member the Purple Heart, it is necessary to establish the wound or injury for which the award is being made was sustained in action or as a result of a hostile act of the enemy, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  The available evidence fails to satisfy this requirement.

6.  The evidence of record shows:

	a.  the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Thus, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal; and

   b.  special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun (M-60);

	c.  general orders awarded the applicant's unit the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  In view of the foregoing, the applicant's DD Form 214 should be corrected to show his correct SSN, service in the RVN, and awards and decorations, as recommended below.

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:

	a.  deleting the SSN listed in item 3 of his DD Form 214 and adding the SSN as it is listed on Armed Forces Examining and Entrance Station, Nashville, Tennessee, Special Orders Number 106, dated 27 May 1968;


	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and adding the:

* Vietnam Service Medal with 2 bronze service stars
* Marksman Marksmanship Qualification Badge with Machinegun
(M-60) Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	c.  adding to item 30 of his DD Form 214 the entry "Vietnam--10 December 1968 to 15 April 1969, Indochina--Yes, Korea--No."

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 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)                                         AR20120001171



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ABCMR Record of Proceedings (cont)                                         AR20120001171



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