BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015403
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 the orders awarding him the Purple Heart to show his social security number (SSN) as XXX-XX-8293.
2. The applicant states the last two digits of the SSN shown on the orders were transposed.
3. The applicant provides Headquarters, 3d Brigade, 9th Infantry Division, General Orders Number 26, dated 26 September 1969.
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 was inducted into the Army of the United States on 5 December 1968. He held military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) that he was assigned to Company C, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, Vietnam, from 30 May 1969 through 18 May 1970; and
b. item 38 that his conduct and efficiency ratings were "excellent."
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 8 September 1970 in the rank of sergeant (SGT)/E-5. He completed 1 year, 9 months, and 4 days of active duty service.
5. Item 3 (Social Security Number) of his DD Form 214 also shows his SSN as XXX-XX-8293.
6. He provided a copy of his Purple Heart orders showing his SSN as
XXX-XX-8239.
7. As a related issue, a review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the last two digits of his SSN were transposed in his Purple Heart orders. These orders should be corrected.
2. 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 SGT. 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) and his DD Form 214 should be corrected to show this award.
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. amending Headquarters, 3d Brigade, 9th Infantry Division, General Orders Number 26, dated 26 September 1969, to show his SSN as shown on his DD Form 214; and
b. awarding him the Army Good Conduct Medal (1st Award) for the period 5 December 1968 to 8 September 1970 and adding the Army Good Conduct Medal (1st Award) 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.
ABCMR Record of Proceedings (cont) AR20100025029
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015403
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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