IN THE CASE OF:

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130005775


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 complete social security number (SSN) and award of the Purple Heart.

2.  The applicant states:

	a.  His SSN is not complete on his DD Form 214, one of the numbers is missing.

	b.  General orders show he was awarded the Purple Heart.

3.  The applicant provides copies of his:

* social security card
* Purple Heart orders

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 27 October 1966.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He later reclassified to MOS 64A (Light Vehicle Operator).

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

	a.  item 38 (Record of Assignments) that he was assigned to the 3rd Battalion, 47th Infantry, 9th Infantry Division, in Vietnam from 4 May 1967 through 25 December 1967;

	b.  item 38 that his conduct and efficiency ratings were "excellent" with the exception of the period 19-26 April 1968 which are recorded as "unknown"; and

	c.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and Republic of Vietnam Campaign Medal with Device (1960).

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 24 October 1969 in the rank of specialist four (SP4)/E-4.  He completed 3 years of active duty service.

5.  His DD Form 214 also shows in:

	a.  item 3 (Social Security Number) that his SSN is XXX-XX-762 (one digit of the last four was omitted) and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded or authorized the National Defense Service Medal, one overseas service bar, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and Republic of Vietnam Campaign Medal with Device (1960).

6.  He provided copies of:

	a.  his Social Security card showing the last four numbers as 1762 and

	b. Headquarters, 36th Evacuation Hospital, General Order Number 729, dated 23 November 1968, showing he was awarded the Purple Heart for wounds received in action on 19 November 1967.

7.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  During his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 3rd Battalion, 47th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966-3 June 1968 in Department of the Army General Orders (DAGO) Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966-28 June 1969 in DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows an administrative error resulted in the omission of one of the digits of his SSN when his DD Form 214 was prepared.  His DD Form 214 should be corrected to show his SSN as shown on his social security card.

2.  General orders show the applicant was awarded the Purple Heart for wounds received in action on 19 November 1967.

3.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, honorable release from active duty, and advancement to SP4.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award).

4.  His DA Form 20 shows he was awarded the Vietnam Service Medal and the records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal.

5.  During the applicant's service in Vietnam his unit 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.

6.  His DD Form 214 should be corrected to show these 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 Army Good Conduct Medal (1st Award) for the period 27 October 1966 to 24 October 1969,

	b.  deleting the current SSN entry from item 3 of his DD Form 214 and replacing it with the SSN shown on his social security card, and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130005775



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