IN THE CASE OF:	  

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150001387 


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), ending on 19 September 1966 to show:

* his social security number (SSN) as "xxx-xx-58xx" instead of "xxx-xx-50xx"
* award of the Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with one bronze service star and Korea Defense Service Medal

2.  The applicant also requests, by separate correspondence to his Member of Congress, correction of his DD Forms 214, ending on 30 May 1963 and on 19 September 1966, and the certificate that awarded him the Purple Heart, to show his first name as Jhar instead of Jar.

3.  The applicant states his second DD Form 214 listed an incorrect SSN and omitted the requested awards. 

4.  The applicant provides:

* Congressional correspondence
* DD Forms 214, ending on 30 May 1963 and 19 September 1966
* General Orders (GO) Number 36, Purple Heart, and 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.  The applicant's records show he enlisted in the Regular Army on 13 February 1961.  His DD Form 4 (Enlistment Contract) listed his first name as "Jar."  It did not list his SSN; it listed his Service Number.  He authenticated this form with his full name using the first name as "Jar." 

3.  He military occupational specialty 111.16 (Light Weapons Infantryman).  He served in Korea from 25 August 1962 to 12 October 1963.

4.  He was honorably discharged from active duty on 30 May 1963 for the purpose of immediate reenlistment.  His DD Form 214 shows in:

* Item 1 (Last Name-First Name-Middle Name), his first name as "Jar"
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 2nd Class Gunner with Light Machine Gun Bar
* Letter of Commendation
* Expert Infantryman Badge 

* Item 32 (Remarks), his SSN as "xxx-xx-5889"
* Item 34 (Signature of Person Being Transferred or Discharged), he used the first name "Jar" when he signed this form.

5.  He reenlisted in the Regular Army on 31 May 1963.  His DD Form 4 for this period also listed his first name as "Jar" and his Service Number; it did not list his SSN.  He again signed this form using this same first name.  He served in Alaska from on or about 17 January 1964 to on or about 23 February 1965. 
6.  His records further show he served in Hawaii from on or about 23 September 1965 to 3 January 1966.  He then served in Vietnam from 16 January 1966 to 21 March 1966.  He was assigned to Company C, 2nd Battalion, 27th Infantry Regiment.  All orders related to Vietnam (assignment, reassignment, awards, etc.) listed his first name as "Jar."

7.  He was wounded in action on 17 March 1966.  He suffered a shrapnel wound to his left arm and leg.  He was treated at the 93rd Evacuation Hospital and then transferred to the 106th General Hospital in Japan.  His treatment records show his first name as "Jar."

8.  His records contain a DA Form 41 (Record of Emergency Data), dated 21 December 1965 that listed his first name as "Jar" and his SSN as "xxx-xx-5889." 

9.  GO Number 36, issued by the 93rd Evacuation Hospital on 20 March 1966 awarded him the Purple Heart for wounds received in action on 17 March 1966. The resultant certificate, dated 21 March 1966 listed his first name as "Jar."

10.  He was honorably released from active duty on 19 September 1966.  His DD Form 214 for this period of service shows in:

* Item 1, his first name as "Jar"
* Item 26, the Marksman Marksmanship Qualification Badge with Rifle Bar (30 Caliber), Sharpshooter Marksmanship Qualification Badge with Pistol bar (.45 caliber), Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Machine Gun Bar (7.62 Caliber), and Combat Infantryman Badge
* Item 32, his SSN as "xxx-xx-5089"
* Item 34, he used the first name "Jar" when he signed this form.

11.  On 5 May 2005, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), that added the below awards.  This DD Form 215 listed his SSN as "xxx-xx-5089." 

* Purple Heart
* Korea Defense Service Medal
* Vietnam Service Medal 

12.  He provides a social security card listing a name similar to his but the spelling is shown as "Jhar" and the SSN as "xxx-xx-5889."  He also provided a birth certificate that shows his first name as “Jhar.” 

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

	a.  The Purple Heart is awarded for a wound sustained while in action against and 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 Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive (25 December 1965 - 30 June 1966) campaign.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

   e.  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.



14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with 1st Squadron, 4th Cavalry, from 30 December 1965 to 22 December 1966 in Vietnam, this unit was cited for award of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January 1966 to August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 January 1966 to 21 January 1970, by DAGO Number 51, dated 1971

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the first name: 

	a.  The available evidence shows the applicant used the first name "Jar" upon his enlistment and reenlistment in the Regular Army.  He consistently used this first name throughout his military service.  He authenticated documents, as required, by placing his signature in the appropriate blocks, using this first name and indicating the information contained therein was correct.  He did not use the first name "Jhar" at any point during his military service.

	b.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understood that the applicant desires to now record different spelling of his first name in his military records, including the certificate that awarded him the Purple Heart, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

	c.  The applicant is advised that a copy of this decisional document which confirms the requested first name will be filed in his official military personnel records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his current first name documented in his military records.
2.  With respect to the SSN, the applicant used the SSN "xxx-xx-5889" on at least two occasions during his military service.  His first DD Form 214 contains this SSN and his DA Form 41 confirms it.  It appears his second DD Form 214 inadvertently listed his SSN with the last four digits as "5089" instead of "5889."  Therefore, his DD Form 214 ending on 19 September 1966 should be corrected to show his SSN as shown on his social security card. 

3.  With respect to awards: 

	a.  The applicant was wounded in action on 17 March 1966 and after treatment at the 93rd Evacuation Hospital, he was transferred to the 106th General Hospital in Japan on or about 21 March 1966.  Although he did not complete 6 or more months of service in Vietnam, he was wounded as a result of hostile action. Therefore, he met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) and should have it added to his DD Form 214. 

	b.  He was awarded the Vietnam Service Medal.  He also participated in one campaign during his service in Vietnam.  His DD Form 214 should be corrected to show the Vietnam Service Medal with one bronze service star.

	c.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment; Therefore, his DD Form 214 should be corrected to show these unit awards. 

	d.  The applicant served a qualifying period of service for award of the National Defense Service Medal and should have his DD Form 214 corrected to show this award.

4.  He was previously issued a DD Form 215 that added the Purple Heart, Korea Defense Service Medal, and Vietnam Service Medal.  However, this DD Form 215 also listed an incorrect SSN (the last four digits shown as "5089").  Because this DD Form 215 contains an incorrect SSN and because the applicant's DD Form 214 should add additional awards, this DD Form 215 should be voided.  The applicant should be issued a new DD Form 215 with the correct SSN and with all the additional awards he has earned. 






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

* voiding his DD Form 215, dated 5 May 2005
* deleting from item 32 of his DD Form 214 ending on 19 September 1966 the existing SSN and replacing it with the SSN shown on his social security card
* adding to item 26 of his DD Form 214, ending on 19 September 1966, the:

* National Defense Service Medal
* Purple Heart
* Korea Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 his first name. 



      ____________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)                                         AR20150001387



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ABCMR Record of Proceedings (cont)                                         AR20150001387



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