BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140011911 


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-XX86" instead of "XXX-XX-XX68" and to show he was awarded the Purple Heart and the Army Commendation Medal (ARCOM).

2.  The applicant states his SSN was recorded incorrectly on his DD Form 214 due to a typographical error.  He contends that he was awarded the Purple Heart and the ARCOM, but the awards are not listed on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and social security card, and copies of his Purple Heart and ARCOM Certificates.

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 8 January 1969.  His DD Form 47 (Record of Induction) shows the SSN he claims is correct.

3.  He was honorably released from active duty on 7 January 1971, in the rank/grade of sergeant/E-5, after completing 2 years of total active service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* two overseas service bars

4.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in Vietnam from 10 June 1969 to 9 June 1970;

	b.  he was assigned to the 4th Battalion, 31st Infantry Regiment during his service in Vietnam; 

	c.  he received all "excellent" conduct and efficiency ratings throughout his active duty service; and 

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded or authorized the Purple Heart and/or the ARCOM.

6.  His records are void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

7.  There are no orders in his available records that show he was awarded the Purple Heart; however, a review of the Adjutant General's Office Vietnam casualty roster revealed that he was wounded as a result of hostile actions on  11 September 1969.  

8.  There are no orders or any other evidence in his available records indicating he was recommended for or awarded the ARCOM.

9.  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, failed to reveal orders that show he was awarded the ARCOM.

10.  The applicant provided:

* a copy of his social security card showing his SSN as "XXX-XX-XX86"
* a Purple Heart Certificate indicating he was awarded the Purple Heart for wounds received in action on 11 September 1969
* an ARCOM Certificate indicating he was awarded the ARCOM for service during the period June 1969 to June 1970

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for three campaigns.

12.  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. 

13.  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 that during his assignment to the 4th Battalion, 31st Infantry, this unit was cited in general orders for the following unit awards:

* Presidential Unit Citation for the period 11-31 August 1969 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 16 April – 28 August 1969, 24 August – 31 December 1969, and   31 March – 30 June 1970

14.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 47 shows his SSN as "XXX-XX-XX86," as it is shown on his social security card.  It appears that during the preparation of his DD Form 214, an administrative error occurred that resulted in his SSN being incorrectly listed.  Therefore, his DD Form 214 should be corrected to show his SSN as it is shown on his social security card.  

2.  He provided a Purple Heart Certificate that shows he was awarded the Purple Heart for wounds received on 11 September 1969.  The Vietnam casualty roster shows he was wounded as a result of hostile actions on the same date.  Therefore, there is sufficient evidence to conclude he was previously awarded the Purple Heart for wounds received on 11 September 1969 and to correct his DD Form 214 by adding the Purple Heart.  

3.  He served honorably during the period 8 January 1969 to 7 January 1971, during which time he attained the rank of sergeant.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal, for the period      8 January 1969 to 7 January 1971, and to correct his DD Form 214 to show this award.

4.  He was awarded the Vietnam Service Medal; however, he participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to reflect these three bronze service stars.

5.  Department of the Army Pamphlet 672-3 shows his unit of assignment during his service in Vietnam was cited in general orders for the Presidential Unit Citation and three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, his DD Form 214 should be corrected to show all of his authorized unit awards.

6.  There is no evidence in his military records that shows he was awarded the ARCOM.  Additionally, a search of the ADCARS failed to reveal orders for the ARCOM pertaining to him.  In the absence of orders or any other evidence indicating he was awarded the ARCOM, the ARCOM Certificate he provided is insufficient evidence on which to base correcting his DD Form 214 to show this award.  Therefore, this portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  __x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period  8 January 1969 to 7 January 1971; and

	b.  amending his DD Form 214 by deleting the current SSN and replacing it with the SSN shown on his social security card; 

	c.  amending his DD Form 214 by deleting the Vietnam Service Medal and  adding the:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (Third Award)

2.  The Board further determined that 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 correcting his DD Form 214 to show he was awarded or authorized the ARCOM.  





      __________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)                                         AR20140011911



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ABCMR Record of Proceedings (cont)                                         AR20140011911



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