IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020517 


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:

	a.  correction of his Purple Heart Certificate and orders to show his social security number (SSN) as "XXX-XX-2871" and

	b.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states:

* his SSN is "XXX-XX-2871"
* his SSN was incorrectly documented while he was hospitalized
* his SSN is incorrect on his service treatment records causing the wrong SSN to be cited on his Purple Heart Certificate and orders

3.  The applicant provides:

* DD Form 214
* Purple Heart Certificate and orders
* letter from the National Personnel Records Center, St. Louis, MO, dated 6 December 2010
* letter from a Member of Congress, dated 8 December 2010
* service personnel records
* clinical records

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 DD Form 398 (Statement of Personal History), dated 12 January 1968, shows his SSN as "XXX-XX-2871."  He was inducted into the Army of the United States on 15 January 1968.  He arrived in Vietnam on 5 January 1968.  He served as a light weapons infantryman assigned to Company B, 3rd Battalion, 503rd Infantry, in Vietnam from 14 January 1969 to 1 January 1970.

3.  Records show he participated in four campaigns during his assignment in Vietnam.

4.  Headquarters, 6th Convalescent Center, General Orders Number 22, dated 8 August 1969, awarded him the Purple Heart for wounds received in action in Vietnam on 7 August 1969.  These orders show his SSN as "XXX-XX-2867."

5.  On 15 January 1970, he was released from active duty in the rank of staff sergeant after completing 2 years and 1 day of creditable active service with no lost time.  His DD Form 214 shows his SSN as "XXX-XX-2871."  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Soldier's Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Air Medal
* 1st Class Gunner with Machine Gun (M-60)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Vietnam Service Medal
* Army Commendation Medal

6.  He provided a Purple Heart Certificate which shows his SSN as 
"XXX-XX-2867."

7.  He also provided clinical records, dated 1969, which show his SSN as 
"XXX-XX-2867."

8.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  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.

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 503rd Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in Department of the Army General Orders 5, dated 1973



DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 398 shows he recorded his SSN as "XXX-XX-2871" on 12 January 1968 in connection with his induction.  In addition, his DD Form 214 shows this SSN.  Therefore, it would be appropriate at this time to:

* amend his Purple Heart orders to show the SSN shown on his DD Form 214
* issue a new Purple Heart Certificate showing the SSN as shown on his DD Form 214
* prepare an appropriate document to correct the SSN shown on his 1969 clinical records

2.  General orders show he was awarded the Purple Heart.  His DD Form 214 should be corrected to show this award.

3.  He was honorably released from active duty in the rank of staff sergeant with 2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 15 January 1968 through 15 January 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in four campaigns during his assignment in Vietnam that authorizes him to wear four bronze service stars on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.



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 first award of the Army Good Conduct Medal for the period 15 January 1968 through 15 January 1970; 

	b.  amending the SSN entered on his Purple Heart orders to show the SSN as shown on his DD Form 214;

	c.  issuing a new Purple Heart Certificate showing the SSN as shown on his DD Form 214;

	d.  preparing an appropriate document to correct the SSN shown on his 1969 clinical records; and

	e.  adding award of the Purple Heart, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      ____________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)                                         AR20120020517



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ABCMR Record of Proceedings (cont)                                         AR20120020517



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