BOARD DATE: 22 April 2014 DOCKET NUMBER: AR20130011474 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) for the period ending 8 August 1968 to show his social security number (SSN) as XXX-58-XXXX and award of the Purple Heart and Silver Star. 2. The applicant states his SSN is shown as XXX-54-XXXX and should be XXX-58-XXXX. He earned the Purple Heart with the 219th Aviation Combat Company in the Saigon Tet Offensive on 30 January 1968. 3. The applicant provides copies of his DD Form 214 and social security card. 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 7 September 1962, the applicant was inducted into the Army of the United States. He was honorably discharged on 23 May 1964 for the purpose of immediate enlistment in the Regular Army. His DD Form 214 for this period of service shows his SSN as XXX-58-XXXX. 3. On 24 May 1964, the applicant enlisted in the Regular Army. 4. On 8 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group. His DD Form 214 for this period shows his SSN as XXX-54-XXXX. 5. His military records do not contain any documentation indicating he was wounded in action or awarded the Purple Heart. There also is no evidence that he was recommended for or awarded the Silver Star. 6. His complete service medical records are not available for review. 7. A review of the Vietnam casualty listing does not show the applicant's name as a combat casualty. 8. 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 Awards and Decorations Branch, failed to reveal orders for the Purple Heart pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. Award of the Purple Heart is announced in orders. 10. Army Regulation 600-8-22 states the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION AND CONCLUSIONS: 1. The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214 for the period ending 8 August 1968. It would be appropriate to correct this error at this time. 2. The evidence of record does not show the applicant was wounded during his service in Vietnam and he has not provided documentary evidence substantiating his claim that he received wounds as a result of hostile action that warranted award of the Purple Heart. In the absence of such evidence, there is no basis for awarding him the Purple Heart or for correcting his DD Form 214 for the period ending 8 August 1968 to show he received this award. 3. There is no evidence in the available records that shows he was recommended for or awarded the Silver Star for gallantry in action against an enemy. Without such evidence, there is no basis to correct his DD Form 214 for the period ending 8 August 1968 to show award of the Silver Star. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X___ __X______ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 8 August 1968 to show his SSN as shown on his previous DD Form 214. 2. The Board further determined 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 award of the Purple Heart and the Silver Star. 3. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ____________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) AR20130011474 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130011474 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1