BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003854 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003854 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 item 3 of his DD Form 214 to show his social security number as shown on Headquarters, U.S. Army Support Command, Qui Nh?n, General Orders Number 202, dated 19 February 1969. 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: a. adding award of the Silver Star, Bronze Star Medal, and two additional Purple Hearts to his DD Form 214 and b. deleting the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) from his DD Form 214 and replacing it with the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). ____________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. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003854 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. his social security number (SSN) as 282-XX-XXXX and b. award of two additional Purple Hearts, the Bronze Star Medal, the Silver Star, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) instead of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 2. The applicant states: * his SSN is incorrect on his DD Form 214 * he was recommended for award of two Purple Hearts, the Bronze Star Medal, and the Silver Star, but he never received them * he did not carry an M-16 rifle, he carried an M-14 rifle 3. The applicant provides no additional evidence. 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 enlisted in the Regular Army on 28 March 1967 for a period of 3 years. 3. Headquarters, U.S. Army Support Command, Qui Nh?n, General Orders Number 202, dated 19 February 1969, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam. These orders show his SSN as 282-XX-XXXX. These orders do not show the date he was wounded in action. 4. His available records do not contain a DA Form 20 (Enlisted Qualification Record). 5. On 11 November 1969, he was honorably released from active duty. 6. Item 3 (SSN) of his DD Form 214 shows his SSN as 283-XX-XXXX. 7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Commendation Medal * Purple Heart * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * four overseas service bars * Army Good Conduct Medal 8. His available records do not contain a DA Form 2139 (Military Pay Voucher). 9. There are no orders for award of the Silver Star, Bronze Star Medal, or two additional Purple Hearts in his available records. 10. There is no evidence showing he qualified as Expert with the M-14 rifle. There are no orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in his available records. 11. 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 Military Awards Branch, failed to reveal any orders for the Silver Star, Bronze Star Medal, or two additional Purple Hearts. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The instructions for item 3 stated to transcribe the SSN from the DA Form 2139. b. The instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. c. 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 that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. d. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 4. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 5. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, Attention:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The applicant's unit must be clearly identified along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. The applicant's Purple Heart orders, dated 19 February 1969, show his SSN as 282-XX-XXXX. His DD Form 214 shows his SSN as 283-XX-XXXX. It appears that an administrative error occurred when recording his SSN on his DD Form 214. 2. There are no orders for award of the Silver Star, Bronze Star Medal, or two additional Purple Hearts in his available records. This in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 3. Although he contends he carried an M-14 rifle and not an M-16 rifle, there are no orders for award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in his available records. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). In the absence of evidence to the contrary, administrative regularity is presumed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003854 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003854 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2