IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003520 


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 his military records to show his name and Social Security Number (SSN) as they appear on his Social Security Card and Army Commendation Medal orders and certificate. 

2.  The applicant states there is no "e" at the end of his name, and the last four digits of his SSN are “7467.”  He is especially concerned about his DD Form 214 (Report of Transfer or Discharge) and his Purple Heart orders and certificate.

3.  The applicant provides copies of – 

* his Social Security Card
* his DD Form 214
* Americal Division General Orders Number 3324 of 2 April 1970 which awarded him the Purple Heart
* Purple Heart Certificate 
* Americal Division General Orders Number 5190 of 30 May 1970 which awarded him the Army Commendation Medal 
* Army Commendation Medal certificate

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 24 March 1969, the applicant enlisted in the Regular Army using the name and SSN as shown on his Social Security Card.

3.  He served in Vietnam as a field wireman with 1st Battalion, 14th Artillery, Americal Division from 13 October 1969 to 3 October 1970.

4.  Throughout his period of active duty his name was sometimes spelled with the addition of an "e" at the end and the last four digits of his SSN were frequently garbled.

5.  Americal Division General Orders Number 3324 awarded him the Purple Heart, but the orders and the Purple Heart certificate show the SSN contains the last four digits as “6774.”

6.  The name and SSN on his Army Commendation orders and certificate both match the name and SSN under which he enlisted.  

7.  On 7 January 1972 the applicant was honorably released from active duty. His DD Form 214 shows his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Army Good Conduct Medal, and the Purple Heart.  It also shows his name spelled with an “e” at the end and his SSN with the last four digits as “6474.”

8.  The applicant is eligible for other awards that should be shown on his          DD Form 214:

	a.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's tour of duty coincides with the following four campaign periods:

Vietnam Summer - Fall 1969                                       9 June - 31 October 1969
Vietnam Winter - Spring 1970                          1 November 1969 - 30 April 1970
Sanctuary Counteroffensive                                               1 May - 30 June 1970
Vietnam Counteroffensive Phase VII                   1 July 1970 - 30 June 1971 

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 and for the period 31 March through 30 June 1970 by Department of the Army General Order (DAGO) Number 42 dated 1972. 

9.  His Social Security Card shows his name spelled without an “e” at the end and his SSN with the last four digits as “7467.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted using the name spelled as shown on the Social Security Card and with the SSN he provided upon enlistment.

2.  His DD Form 214 contains the wrong spelling of his last name and the incorrect last four digits of his SSN, and the orders and certificate for his Purple Heart contain the incorrect last four digits of his SSN.

3.  The applicant served in Vietnam during four designated campaign periods and is authorized to wear four bronze service stars on the Vietnam Service Medal.

4.  His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for two different periods.

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.  changing his name and SSN on his DD Form 214 to those shown on his Social Security Card;

	b.  correcting his Purple Heart orders and certificate to show his last four digits as shown on his Social Security Card; and

	c.  showing that, in addition to the awards currently shown on his DD Form 214, he is also authorized four bronze service stars for wear on the Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards).



      ____________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)                                         AR20140003520





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ABCMR Record of Proceedings (cont)                                         AR20140003520



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