PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 December 2000                   
	DOCKET NUMBER:   AR2000045561

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Report of Transfer or Discharge, DD Form 214, be corrected to show his correct social security number (SSN) and to show he was awarded the Purple Heart and the Combat Infantryman Badge.

3.  The applicant states that his medical records, an extract of which he provides, show he was wounded.  His SSN should be _-__-____, not _-__-____.  He does not provide his SSN card as evidence.

4.  The applicant’s military records from his initial service show that he enlisted in the Regular Army on 26 July 1967.  His enlistment contract shows his SSN as _-__-____.  All other documents in these records that list his SSN show it as  _-_-____.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

5.  The applicant arrived in Vietnam on 7 January 1968 and was assigned to Company C, 3d Battalion, 39th Infantry, 9th Infantry Division as an 11B10, rifleman.

6.  An extract from the applicant’s medical records show that he was treated for multiple fragmentation wounds to his upper and lower left arm, right shoulder and right hand on 2 February 1968.

7.  Special Orders 61, Headquarters, 9th Infantry Division dated 1 March 1968 awarded the applicant the Combat Infantryman Badge.

8.  On 10 July 1968, the applicant was reassigned to the 120th Assault Helicopter Company as a 67A1F, door gunner and on 20 August 1968 he was reassigned to the 240th Assault Helicopter Company as a 51M20, crash rescue specialist.  He departed Vietnam on 3 January 1969.

9.  The applicant was released from active duty on 24 July 1970 after completing 2 years, 11 months, and 29 days of creditable active service with no lost time.  His Personnel Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as “excellent” throughout his enlistment.

10.  On 17 January 1975, the applicant enlisted in the Army National Guard.  All documents in his Army National Guard records show his SSN as _-__-____.

11.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. 
12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

13.  Department of the Army Pamphlet 672-3 shows that the 3d Battalion, 39th Infantry was awarded the Valorous Unit Award for the period 6 – 12 May 1968, the Republic of Vietnam Gallantry Cross with Palm for the period 1 December 1966 – 30 June 1968 and again from 1 July – 13 November 1968, and the Republic of Vietnam Civil Actions Honor Medal First Class for the period           19 December 1966 – 28 June 1969.

14.  Army Regulation 600-2 prescribed the procedures to be used for recording or changing several items of personnel information normally used as a means of personnel identification.  It stated that the SSN would be used as the personal identifier number of U. S. Army personnel effective 1 July 1969.

15.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

CONCLUSIONS:

1.  Although the applicant does not provide a copy of his social security card or a statement from the Social Security Administration showing that his SSN has always been _-__-____, the Board finds it reasonable to believe that his SSN is incorrect on his initial service records.  The applicant enlisted at a time when the SSN was not yet being used as the personal identifier.  Since it was likely recruiting personnel did not insist upon verifying his SSN with his SSN card, a transposition of the first two digits was possible and probable.  He enlisted in the Army National Guard at a time when the SSN was used as the personal identifier.  The Board concludes that he did have to show his SSN card at the time of his enlistment in the Army National Guard and that therefore the SSN used during his National Guard service is the correct SSN.

2.  However, for historical purposes the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  All evidence in the applicant’s records from his initial service show that he served under the SSN _-__-____.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  However, the applicant should be furnished a Transcript of Military Record, DD Form 1569, showing his correct SSN.

3.  The Board accepts the evidence provided as sufficient to award the applicant the Purple Heart.  Although the medical records extract does not indicate that he was wounded through enemy action, the Board notes that he was in an infantry unit during the height of the 1968 TET offensive when the enemy was attacking throughout South Vietnam.  The Board finds it highly likely that his injuries were incurred as a result of enemy action.

4.  The applicant met the regulatory requirements for award of the Army Good Conduct Medal but there is no evidence of record to show it was awarded to him.

5.  The applicant was awarded the Combat Infantryman Badge but it was not listed on his DD Form 214.  He was also assigned to a unit during a period of time it was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm (twice), and the Republic of Vietnam Civil Actions Honor Medal First Class and so is entitled to wear those awards, also.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by furnishing the applicant a DD Form 1569 showing his correct SSN of _-__-____.

2.  That the applicant be awarded the Purple Heart for wounds received on 
2 February 1968.

3.  That the applicant be awarded the Army Good Conduct Medal for the period 26 July 1967 – 24 July 1970.

4.  That the applicant’s DD Form 214 be amended to add the Purple Heart, the Army Good Conduct Medal, the Combat Infantryman Badge, the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class.

5.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jh____  __hof___  ___rtd__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR20000561	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	110.04	
3.	100.09	
4.		
5.		
6.