IN THE CASE OF:
BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20130011277
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-4066 instead of XXX-XX-0046 and award of the Purple Heart.
2. The applicant states his SSN is incorrect on all of his military records. He further states he was involved in a military motor vehicle accident which resulted in a permanent neck and back injury.
3. The applicant provides his DD Form 214 and a self-authored statement.
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 4 February 1971. All records completed during his military service show his SSN as XXX-XX-0046.
3. The applicant's DD Form 214 shows he was honorably released from active duty on 6 November 1972. He completed 1 year, 9 months, and 3 days of total active service. Item 3 (SSN) of his DD Form 214 shows his SSN as
XXX-XX-0046.
4. His DD Form 214 does not show award of the Purple Heart.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received in action. Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.
6. There are no medical documents in the applicant's military service records that show he sustained wounds as a result of hostile action or show he was treated for wounds sustained as a result of hostile action.
7. There are no general orders in the applicant's records to show he was awarded the Purple Heart.
8. The applicant's name does not appear on the Vietnam casualty roster.
9. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant reported his SSN as XXX-XX-0046 upon his entry in the U.S. Armed Forces and all subsequent military records show this SSN. Considering the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his military service records and separation document.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
3. The applicant's contention that he is entitled to award of the Purple Heart was carefully considered.
4. There is no evidence in his records that shows he was wounded or injured as a result of hostile action or treated for such wounds. The applicant's name is not listed on the Vietnam casualty roster.
5. In the absence of evidence showing the applicant was wounded or injured as a result of hostile action and treated for those wounds by medical personnel, there is insufficient evidence upon which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
______________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) AR20130011277
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ABCMR Record of Proceedings (cont) AR20130011277
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