IN THE CASE OF:	  

		BOARD DATE:	   3 September 2013

		DOCKET NUMBER:  AR20130001245 


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 (Report of Transfer or Discharge) to show award of the Purple Heart with Oak Leaf Cluster.  He also requests correction of his DD Form 214 to show his social security number (SSN) as 032-36-XXXX and his name as H____ A____-M____ R____.

2.  The applicant states the Purple Heart with Oak Leaf Cluster was not included on his DD Form 214, his correct SSN is 032-36-XXXX, and his name has been changed to H____ A____-M____ R____.

3.  The applicant provides a copy of his social security card showing his current name.

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 1 April 1966 under the name J____ K____ K____ and SSN 036-12-XXXX.  This is the only name and SSN appearing in his records.

3.  Orders in his records authorized the following awards:

* Purple Heart for wounds received in action on 19 February 1968
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Service), service in Vietnam with:

		(1)  Company B, 3rd Battalion, 506th Infantry Regiment, from 5 November 1967 through 9 May 1968 and

		(2)  Company C, 1st Battalion, 327th Infantry, from 10 May through 25 July 1968;

	b.  item 40 (Wounds):

		(1)  fragmentation, neck, left arm, and left foot on 19 February 1968 and

		(2)  fragmentation, both hands on 13 April 1968; and

	c.  item 41 (Awards and Decorations), award of the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, and Republic of Vietnam Campaign Medal with Device (1960).

5.  On 5 November 1969, he was released from active duty in pay grade E-2.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Parachutist Badge, and Bronze Star Medal.

6.  The applicant's name does not appear on the Vietnam casualty roster.  The Awards and Decorations Computer-Assisted Retrieval System (ADCARS) is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch.  ADCARS contains no general orders pertaining to the applicant.

7.  A request for information from the Department of Veterans Affairs, dated 26 February 1970, requested the applicant's medical records.  The endorsement thereto indicates the requested records were forwarded and carries the notation, "Records show frag neck, l/arm & l/foot 19 Feb 68 and frags both hands 13 Apr 68 due to military operations against a hostile force."

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, including the Purple Heart.

	b.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B.  Authorized service stars will be worn on the appropriate campaign or service medal.  During the applicant's service in Vietnam, participation credit was awarded for the following four campaigns:  Vietnam Counteroffensive Phase III from 1 June 1967 through 29 January 1968, Tet Counteroffensive from 30 January through 1 April 1968, Vietnam Counteroffensive Phase IV from 2 April through 30 June 1968, and Vietnam Counteroffensive Phase V from 1 July through 1 November 1968.

9.  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 that while the applicant was assigned to the following units, Company B, 3rd Battalion, 506th Infantry Regiment, was awarded the Valorous Unit Award for the period 31 January through 25 February 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970; and Company C, 1st Battalion, 327th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 in DAGO Number 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 in DAGO Number 48, dated 1971.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.



DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant was wounded in action twice.  He is clearly entitled to two awards of the Purple Heart.  Orders for a second Purple Heart are not in his available records; however, the applicant indicates he was awarded the second Purple Heart.

2.  The applicant served in Vietnam during four campaigns and is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  The applicant's units were awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  It would be appropriate to show the aforementioned awards on his DD Form 214.

6.  The only name and SSN shown in the applicant's records are those shown on his DD Form 214.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  It would not be appropriate to change his name or SSN on his DD Form 214.

7.  A copy of this decisional document will be filed in his records to clarify any confusion concerning the name and SSN of record and the name and SSN he currently uses.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the following awards to his DD Form 214:

* Purple Heart (2nd Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* four bronze service stars for wear on the already-awarded Vietnam Service Medal

2.  The Board further determined 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 changing his name or SSN.



      ___________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)                                         AR20130001968



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001245



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1