IN THE CASE OF:	  

		BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120013103 


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-2935" and award of the Purple Heart.

2.  The applicant states the SSN shown on his DD Form 214 is incorrect and the Purple Heart is not listed.

3.  The applicant provides copies of:

* General Orders Number 56, dated 11 March 1969
* DD Form 214 for the period ending 25 January 1971
* social security card
* Indiana operator driver's license

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 enlisted in the Regular Army on 26 January 1968.  His DD Form 4 (Enlistment Contract) shows "2935" as the last four digits of his SSN. 
The same number is shown on every document contained in his Army Military Human Resource Record (AMHRR) requiring the use of his SSN except his DD Form 214.

3.  The applicant arrived in Vietnam on 9 January 1969 and was assigned to Battery C, 1st Battalion, 92nd Artillery as a field wireman.  He participated in the following four campaigns:

* Vietnamese Counteroffensive Phase VI, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive 1969, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970

4.  The applicant's records show General Orders Number 56 were published on 11 March 1969 awarding him the Purple Heart (1st Award) for wounds received in action on 10 March 1969.

5.  The applicant departed Vietnam en route to the United States on 9 January 1970.

6.  On 20 April 1970, Special Orders Number 55 were published awarding the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16).

7.  The applicant was honorably released from active duty on 25 January 1971.  His DD Form 214 shows "9935" as the last four digits of his SSN.  His DD Form 214 also shows he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he had "excellent" conduct and efficiency ratings.  There is no unfavorable information in his AMHRR that would disqualify him from the first award of the Army Good Conduct Medal.

9.  The applicant submits a copy of his social security card that shows the same SSN as shown on his DD Form 4.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Orders (DAGO) Number 54, dated 1971.

	b.  This pamphlet also shows the unit to which he was assigned was cited for award of the Valorous Unit Award for the period 4 May to 28 June 1969 by DAGO Number 48, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  Clearly, there was an error made during the preparation of his DD Form 214 which resulted in the incorrect SSN being recorded.  His DD Form 4 and all other documents contained in his AMHRR requiring the use of his SSN show the last four digits as "2935."  His DD Form 214 should be corrected to coincide with the SSN shown in his records and on his social security card.

3.  He should be awarded the Army Good Conduct Medal (1st Award) based on his "excellent" conduct and efficiency ratings for the period 26 January 1968 through 25 January 1971.

4.  His DD Form 214 should be amended to add the following awards:

* Purple Heart (1st Award)
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 26 January 1968 through 25 January 1971,

	b.  amending his DD Form 214 to show the SSN shown on his social security card, and

	c.  adding the following awards to his DD Form 214:

* Purple Heart (1st Award)
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _____________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)                                         AR20120013103



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ABCMR Record of Proceedings (cont)                                         AR20120013103



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