IN THE CASE OF:  

		BOARD DATE:  6 September 2012

		DOCKET NUMBER:  AR20120005099


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-xx43," instead of "xxx-xx-xx34."  He also requests correction of his DD Form 214 to show award of the Purple Heart and the Combat Infantryman Badge (CIB) during his service in the Republic of Vietnam (RVN).

2.  The applicant states his SSN is wrong and he would like it corrected.  He further states he would like the Purple Heart and CIB added to his DD Form 214.  
3.  The applicant provides:

* his DD Form 214
* a letter from the Department of the Army, Office of the Adjutant General, Washington, DC, subject:  Presentation of Award – The Purple Heart, dated 28 February 1969
* the front side of General Orders Number 1645, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 19 March 1968
* Purple Heart Certificate, dated 19 March 1969

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.  On 23 September 1966, the applicant completed a DD Form 398 (Statement of Personal History), wherein he listed his SSN as "xxx-xx-xx43."

3.  On 28 July 1967, he was inducted into the Army of the United States.  His DD Form 47 (Record of Induction) identified him by his service number and not his SSN.

4.  Special Orders Number 148, issued by the Armed Forces Examining and Entrance Station, Montgomery, AL, dated 28 July 1967, ordered him to active duty effective 28 July 1967.  This order identifies him by both his service number and SSN, and lists his SSN as "xxx-xx-xx43."

5.  He attended basic training at Fort Benning, GA and advanced individual training at Fort Polk, LA.  Upon the completion of his initial entry training he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

6.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from on or about 14 February 1968 to on or about 19 July 1968.  Item 38 (Record of Assignments) of his DA Form 20 shows that during this period of service he was assigned to:

* Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), as a light weapons infantryman, from 19 February 1968 through 8 April 1968
* Medical Holding Detachment, 249th General Hospital, as a patient, from
9 April 1968 to on or about 19 July 1968

7.  On 25 July 1969, he was honorably released from active duty at the expiration of his term of service (ETS) in the rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

	a.  Item 3 (SSN) his SSN as "xxx-xx-xx34";

	b.  Item 22a(1) (Statement of Service – Creditable for Basic Pay Purposes – Net Service This Period) he completed 1 year, 11 months, and 28 days of total active service;

	c.  Item 22c (Statement of Service – Foreign and/or Sea Service) he was credited with the 5 months and 6 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations;

	d.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60)

8.  Letter Orders Number 06-1161339, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 20 June 1973, honorably discharged the applicant from the USAR Control Group (Standby), effective 1 July 1973 by reason of ETS.  These orders show his SSN as
"xxx-xx-xx34."

9.  His Military Personnel Records Jacket (MPRJ) contains various documents that show the applicant's SSN as "xxx-xx-xx43," "xxx-xx-xx34," and
"xxx-xx-xx64"; however, in those instances where the applicant placed his handwritten SSN on a form, he listed his SSN as "xxx-xx-xx43."

10.  There is no evidence of record and he did not provide any evidence that shows he was recommended for or awarded the CIB.

11.  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 United States Army Human Resources Command, contains a copy of General Orders Number 1645 as provided by the applicant.  Although the applicant only provided the front side of these orders that did not include his name, the ADCARS copy contains the applicant's name on the reverse side that confirms he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 11 March 1968.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that 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.

13.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

14.  U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), Appendix V, in effect at the time, states that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  This regulation further provided for award of the CIB to infantry personnel serving as members of infantry platoons and squads in cavalry squadrons and regiments.  

15.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

16.  General Orders Number 91, issued by Headquarters, 197th Infantry Brigade, Fort Benning, GA, dated 14 July 1969, awarded him the Army Good Conduct Medal (1st Award) for the period 28 July 1967 to a date of separation on or about (DOSOA) 27 July 1969.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This document shows the 1st Battalion, 7th Cavalry Regiment, the unit to which he was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 through 19 May 1969 by Department of the Army General Orders Number 70, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant accurately represented his SSN as "xxx-xx-xx43" throughout his induction process and whenever he hand-wrote his SSN he used this same number.

2.  It appears his DD Form 214 was prepared incorrectly and he did not notice his SSN was incorrect prior to authenticating his DD Form 214.  Nonetheless, in more than one instance, his SSN appears in his military records as the requested SSN of "xxx-xx-xx43."  Therefore, it would be appropriate to correct his DD Form 214 to show his correct SSN.

3.  General orders awarded him the Purple Heart and the Army Good Conduct Medal (1st Award), which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The evidence of record shows he was assigned as an infantryman, performing infantry duties while serving in the RVN.  Despite his higher headquarter's "Air Cavalry" designation, there is no doubt his unit performed an infantry mission in the RVN.  He was wounded in action on 11 March 1968, as evidenced by his award of the Purple Heart.  Additionally, the circumstances surrounding his combat wounding indicate he engaged in and was engaged by the enemy while participating in combat operations.  Therefore, it would be appropriate at this time to award him the CIB for actions on 11 March 1968 and to correct his DD Form 214 to show this award.

5.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 as shown on his DD Form 398, dated 23 September 1966;

	b.  awarding him the CIB for actions in the RVN on 11 March 1968; and

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* 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)                                         AR20100012506



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ABCMR Record of Proceedings (cont)                                         AR20120005099



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