PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            16 May 2002
	DOCKET NUMBER:    AR2001065951

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. paul
		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct social security account number (SSAN) and that he was awarded a Purple Heart (PH).  He also requests that his PH Certificate be corrected to show his correct SSAN and middle initial.

3.  The applicant states that his middle initial is "J" for John and not "G."  He also states that the first three numbers of his SSAN are "" and not "."

4.  In support of his application, the applicant submitted a copy of a letter from the Social Security Administration, his birth certificate, his PH Certificate, and his DD Form 214.

5.  The applicant’s military records show that he was inducted in the Army of the United States on 22 May 1968 for a period of 2 years.  Some of his military documents have SSAN #1 (-xx-xxxx) and some have SSAN #2 (-xx-xxxx) as his SSAN. 

6.  On 9 June 1969, the applicant was assigned to the Republic of Vietnam and served there from 14 July 1969 to 31 December 1969.  On 26 July 1969, the applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 77th Armor Regiment, 1st Brigade, 5th Infantry Division.  

7.  On 19 December 1969, after sustaining a gunshot wound to the abdomen during hostile fire, the applicant was admitted as a patient to the 106th General Hospital.  On 31 December 1969, he was medically evacuated from the Republic of Vietnam to Kenner Army Hospital, Fort Lee, Virginia.  The patient was evaluated and released on convalescent leave from the hospital.  He returned to Kenner Army Hospital on 5 February 1970 for a follow-up evaluation.

8.  On 5 February 1970, the applicant requested early release from active duty under the provisions of chapter 5, Army Regulation 635-200.  On 6 February 1970, the appropriate authority approved the applicant's request and directed his release as soon as administratively possible.

9.  On 24 February 1970, the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR).  He was credited with 1 year, 9 months, and 3 days of creditable military service.  His DD Form 214 reflects the following awards:  The National Defense Service Medal, the Vietnam Campaign Medal with Device 1960, the Sharpshooter Badge (Rifle) and the "TET 69 Counteroffensive" (sic).  His DD Form 214 reflects SSAN #2 as his SSAN.  Orders found in the applicant's service records indicate that he was also awarded the Army Commendation Medal (ARCOM) for meritorious achievement in support of military operations in the Republic of Vietnam from 14 July 1969 to 13 December 1969.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal (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, distinguished 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.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH).  It stated that soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 thru 28 March 1973 by Department of the Army General Order Number 8, dated 1974.  

15.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB).  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  During the applicant's assignment in Vietnam, he participated in two campaigns, Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970.  He is entitled to wear two bronze service stars on his Vietnam Service Medal.

17.  A Letter from the Social Security Administration, dated 24 October 2001 confirmed that the applicant's SSAN was issued in March 1965 as SSAN #1 and is the only SSAN ever issued to him.

18.  The applicant's birth certificate from the State of West Virginia confirms that his middle initial is "J" for John. 

CONCLUSIONS:

1.  Although the applicant's award of the PH is not reflected on his DD Form 214, the applicant submitted a copy of his PH Certificate awarding him the PH for wounds received in action in the Republic of Vietnam on 1 December 1969.  Also, the evidence of record shows the applicant suffered gunshot wounds to his abdomen while engaged in hostile fire.  Therefore, the PH should be shown on his DD Form 214.  His PH Certificate should be corrected to show SSAN #1 (-XX-XXXX) as his correct SSAN and the initial "J" as his correct middle initial.

2.  The applicant's SSAN is incorrect on his DD Form 214 and should be reflected as SSAN #1 (-XX-XXXX).

3.  The applicant is also entitled to the ARCOM, GCMDL (for the period 22 May 1968 thru 24 February 1970), VSM with two BSS, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one OSB.

4.  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 issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) awarding him the PH, ARCOM, GCMDL, VSM with two BSS, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one OSB, and that his SSAN be changed from SSAN #2 to SSAN #1.

2.  That the applicant be issued another PH Certificate showing SSAN #1 as the correct SSAN and the letter "J" as the correct middle initial. 

BOARD VOTE:  

___fne __  ___pm___  ___rwa__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2001065951	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700224	
DISCHARGE AUTHORITY	AR 635-200, chapter 5	
DISCHARGE REASON	Early release 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.0100	
2.	100.0900	
3.	107.0015	
4.		
5.		
6.