IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130013954
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, in effect:
a. correction of item 3 social security number (SSN) his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "XXX-XX-4XXX";
b. correction of item 11d (Effective Date) of his DD Form 214;
c. award of the Purple Heart; and
d. an upgrade of his Army Commendation Medal with "V" Device.
2. The applicant provides no explanation.
3. The applicant provides:
* two applications
* DD Form 214
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 requested an upgrade of his Army Commendation Medal with "V" Device. He was notified by letter that he had not exhausted all administrative remedies with regard to upgrading his Army Commendation Medal with "V" Device. He was advised to submit a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant was inducted into the Army of the United States on 6 March 1969. His induction record shows his SSN as "XXX-XX-4XXX." He completed his training and was awarded military occupational specialty 11B (light weapons infantryman). He served in Vietnam from 3 August 1969 to 3 January 1970.
4. Orders, dated 12 March 1971, show he was to be released from active duty effective 17 March 1971.
5. On 17 March 1971, he was honorably released from active duty.
6. His DD Form 214 shows in:
* Item 3 the entry "XXX-XX-3XXX"
* Item 11d the entry "17 Mar 69" (17 March 1969)
7. His DD Form 214 does not show the Purple Heart as an authorized award.
8. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "MF (multiple fragment) wounds to (R) (right) body." No date is shown.
9. There are no orders for the Purple Heart in the available records. However, orders, dated 10 February 1970, show he received the Army Commendation Medal with "V" Device for heroism on 12 December 1969. The citation for this award states "Despite the enemy fusillade impacting all around him Specialist (applicant's last name) returned to assist the other members of his squad, but came under additional fire and was also wounded. Disregarding his wounds, Specialist (applicant's last name) directed several medics in the treatment of other personnel, refusing aid until insured that all casualties had been attended to."
10. The Vietnam casualty roster also shows he was wounded on 12 December 1969.
11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's induction record shows he recorded his SSN as "XXX-XX-4XXX" in 1969. Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.
2. His contention that his discharge date is incorrect on his DD Form 214 appears to have merit. Evidence shows he was inducted on 6 March 1969 and he was released from active duty on 17 March 1971. Therefore, the separation orders are accepted as sufficient evidence on which to base amending item 11d of his DD Form 214.
3. Although there are no orders for the Purple Heart in the available records, the Vietnam casualty roster and his citation for award of the Army Commendation Medal with "V" Device show he was wounded in action on 12 December 1969 in Vietnam. Therefore, the entry on the Vietnam casualty roster and his citation are accepted as sufficient evidence on which to base awarding the Purple Heart in this case.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 Purple Heart for wounds received in action on
12 December 1969 in Vietnam;
b. deleting the current SSN entry from his DD Form 214 and replacing it with the SSN shown on his induction record;
c. deleting the entry in item 11d of his DD Form 214 and replacing it with the entry "17 Mar 71;" and
d. adding the Purple Heart 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.
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