IN THE CASE OF:	  

		BOARD DATE:  23 August 2012

		DOCKET NUMBER:  AR20120004225 


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, in two separate applications, 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 a "xxx-xx-xxx4" instead of "xxx-xx-xxx5" and award of the Purple Heart.

2.  The applicant states the SSN is wrong on his DD Form 214.

3.  The applicant provides:

* DA Form 1341 (Allotment Authorization)
* General Orders Number 61, issued by Headquarters, 95th Evacuation Hospital, dated 24 March 1969
* Purple Heart Certificate, dated 24 March 1969
* 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.  The applicant was inducted into the Army of United States on 27 August 1968.  He was assigned a military service number as his primary identification number.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  His record contains a DD Form 398 (Statement of Personal History) completed by him prior to his induction, dated 23 August 1968.  The block for his SSN is blank.

4.  His record also contains a DD Form 47 (Record of Induction) that contains his assigned service number.  There is no SSN identification on this form.

5.  He provides a DA Form 1341 that shows his SSN as "xxx-xx-xxx4."

6.  His record contains a DA Form 20 (Enlisted Qualification Record), prepared on 3 September 1968 and last reviewed by the applicant on 5 February 1969 that shows his SSN as "xxx-xx-xxx5."

7.  Special Orders Number 4, issued by Headquarters, U.S. Army School/
Training Center, fort McClellan, AL, dated 6 January 1969 reassigned the applicant to the U.S. Army Overseas Replacement Station, Oakland, CA for further assignment to Vietnam.  These orders show his SSN as "xxx-xx-xxx5."

8.  He served in Vietnam from 31 January 1969 through 25 March 1969, assigned to Company A, 2nd Battalion, 1st Infantry, 196th Infantry Brigade.  On 26 March 1969, he was reassigned to the Medical Holding Company, Camp Zama, Japan in a patient status.  On 6 April 1969, he was subsequently reassigned to the Medical Holding Company, Military Army Hospital, Fort Benning, GA for further medical treatment.

9.  The applicant provides and his record contains a copy of General Orders Number 61, dated 24 March 1969, that awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 22 March 1969.  The orders and Purple Heart Certificate provided by the applicant identifies him by his Army service number.  These orders also contain the entry "SSN UNK (unknown)."

10.  Special Orders Number 104, issued by Headquarters, U.S. Army infantry Center, Fort Benning, dated 14 April 1971, directed the applicant's discharge effective 15 April 1971.  These orders show his SSN as "xxx-xx-xxx5."

11.  On 15 April 1971, the applicant was discharged.  He completed 11 months and 3 days of total active service with 393 days of time lost.  The
DD Form 214 he was issued at the time shows in:

* item 3 (SSN) the entry "xxx-xx-xxx5"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

13.  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.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds received in action in Vietnam on 22 March 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The evidence of record shows at the time of his induction into the Army his assigned military service number was used as his primary identification number.  Although several documents in his military personnel record show his SSN as
"xxx-xx-xxx5" the applicant provides a typed DA Form 1341 prepared during his active duty service that shows his SSN as "xxx-xx-xxx4."  This document is accepted as evidence sufficient to correct his DD Form 214 to show the SSN he claims is correct.

5.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

___X ___  ___X____  ___X  ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN entry as shown on his DA Form 1341;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star; and

	c.  adding to item 24 of his DD Form 214 the:
* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      __________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)                                         AR20120004225



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004225



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1