BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130011474
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) for the period ending 8 August 1968 to show his social security number (SSN) as XXX-58-XXXX and award of the Purple Heart and Silver Star.
2. The applicant states his SSN is shown as XXX-54-XXXX and should be
XXX-58-XXXX. He earned the Purple Heart with the 219th Aviation Combat Company in the Saigon Tet Offensive on 30 January 1968.
3. The applicant provides copies of his DD Form 214 and social security card.
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. On 7 September 1962, the applicant was inducted into the Army of the United States. He was honorably discharged on 23 May 1964 for the purpose of immediate enlistment in the Regular Army. His DD Form 214 for this period of service shows his SSN as XXX-58-XXXX.
3. On 24 May 1964, the applicant enlisted in the Regular Army.
4. On 8 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group. His DD Form 214 for this period shows his SSN as XXX-54-XXXX.
5. His military records do not contain any documentation indicating he was wounded in action or awarded the Purple Heart. There also is no evidence that he was recommended for or awarded the Silver Star.
6. His complete service medical records are not available for review.
7. A review of the Vietnam casualty listing does not show the applicant's name as a combat casualty.
8. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Awards and Decorations Branch, failed to reveal orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Award of the Purple Heart is announced in orders.
10. Army Regulation 600-8-22 states the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214 for the period ending 8 August 1968. It would be appropriate to correct this error at this time.
2. The evidence of record does not show the applicant was wounded during his service in Vietnam and he has not provided documentary evidence substantiating his claim that he received wounds as a result of hostile action that warranted award of the Purple Heart. In the absence of such evidence, there is no basis for awarding him the Purple Heart or for correcting his DD Form 214 for the period ending 8 August 1968 to show he received this award.
3. There is no evidence in the available records that shows he was recommended for or awarded the Silver Star for gallantry in action against an enemy. Without such evidence, there is no basis to correct his DD Form 214 for the period ending 8 August 1968 to show award of the Silver Star.
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 amending his DD Form 214 for the period ending 8 August 1968 to show his SSN as shown on his previous DD Form 214.
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 award of the Purple Heart and the Silver Star.
3. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20130011474
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130011474
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021228
f. Item 41 (Awards and Decorations) does not show award of the Purple Heart, Army Good Conduct Medal, Valorous Unit Award, or the Bronze Star Medal. There is no evidence in the available records showing he was awarded the Purple Heart, Army Good Conduct or Bronze Star Medal. 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 14 October 1966 to 17...
ARMY | BCMR | CY2011 | 20110013221
Application for correction of military records (with supporting documents provided, if any). The Purple Heart and the Army Commendation Medal documents should be corrected to show the correct SSN as shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting as appropriate the Purple Heart certificate and Army Commendation Medal citation and certificate to correctly show the applicant's SSN...
ARMY | BCMR | CY2011 | 20110025081
The GO shows his service number as US XXXXXX77 and his SSN as 367-XX-XXXX. His DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * AM * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Vietnam Service Medal (VSM) * two Overseas Service Bars * Aircraft Crew Member Badge * ARCOM 12. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130013604
During the applicant's period of service from 3 August 1967 to 1 August 1969, Soldiers were primarily identified using an Army service number (ASN). His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 27 July 2011, shows he was awarded or authorized the: * Bronze Star Medal (3rd Award) * Combat Infantryman Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal * Republic of Vietnam Gallantry Cross...
ARMY | BCMR | CY2009 | 20090008047
The evidence of record shows that the applicant enlisted and served using his SSN as xxx-xx-6785. The evidence of record shows the applicant was awarded the Vietnam Service Medal. With respect to the applicant's Combat Infantryman Badge, the evidence of record shows the applicant was assigned to an infantry unit during his service in the Republic of Vietnam.
ARMY | BCMR | CY2011 | 20110005686
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant's SSN as "XXX-XX-XXX0" at the time of his induction. 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 14 February 1968 through 17 September 1969; b. deleting the entry "XXX-XX-XXX9" from item 3 of his DD Form...
ARMY | BCMR | CY2014 | 20140005899
GO Number 81, issued by Headquarters, Second Regional Assistance Command, on 1 August 1972, awarded him the Bronze Star Medal for meritorious service from 8 December 1970 to 9 July 1972. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2012 | 20120009067
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the "V" Devices on his Bronze Star Medal and Army Commendation Medal. The evidence of record confirms the applicant enlisted under the SSN of "xxx-xx-3xxx" and this is the SSN he used throughout his military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending General Orders...
ARMY | BCMR | CY2013 | 20130014028
His DD Form 47 (Record of Induction) shows his service number as xxxxx200. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to his DD Form 214 award of the: * Purple Heart * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam...
ARMY | BCMR | CY2013 | 20130011674
He provides a certificate, dated 11 August 1969, showing he was awarded the Purple Heart for wounds received in action on 10 August 1969 in Vietnam. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army...