IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150010712 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150010712 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 3 of his DD Form 214 the existing entry and adding a social security number similar to the one listed on his social security card * awarding him the Purple Heart (3rd Award) for wounds received in action in Vietnam on 30 January 1968 * awarding him the Purple Heart (4th Award) for wounds received in action in Vietnam on 6 February 1968 * deleting from item 24 of his DD Form 214 the entries "First Oak Leaf Cluster to Purple Heart," Vietnam Service Medal with 3 Bronze Service Stars," and "Expert (Rifle)" * adding to item 24 of his DD Form 214: * Purple Heart (4th Award) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with four bronze service stars * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation _____________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. IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150010712 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) to show: * his social security number (SSN) as "363-xx-xxxx" vice "303-xx-xxxx" * two additional awards of the Purple Heart (a total of four) * award of the Combat Infantryman Badge 2. The applicant states, in effect, his DD Form 214 contains errors. 3. The applicant provides a social security card and his DD Form 214. 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and disclosed his SSN as "363-xx-xxxx." 3. He was inducted into the AUS on 22 November 1966 and he held military occupational specialty 11C (Infantry Indirect Fire Crewman). 4. Special Orders (SO) Number 26, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO on 26 January 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. SO Number 49, issued by Headquarters, Fort Polk, LA on 23 February 1967, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 6. SO Number 68, issued by Headquarters, Fort Polk, LA on 16 March 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 7. He served in Vietnam from 1 May 1967 to 30 April 1968. He was assigned to Company A, 3rd Battalion, 47th Infantry, 9th Infantry Division. 8. His DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds), he was wounded on four separate occasions: * 30 November 1967, shrapnel to left forearm * 4 December 1967, shrapnel to left leg * 30 January 1968, punji wounds right leg * 6 February 1968, shrapnel to right hand 9. Headquarters, 9th Infantry Division, published the following General Orders (GO) or SO: * SO Number 202, on 21 July 1967, awarding him the Combat Infantryman Badge * GO Number 6169, on 13 November 1967, awarding him the Purple Heart for wounds received in action on 30 October 1967 * GO Number 7747, on 31 December 1967, awarding him the Purple Heart for wounds received in action on 4 December 1967 * GO Number 348, on 20 January 1968, awarding him the Bronze Star Medal with "V" Device for heroism on 4 December 1967 10. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 15 October 1968. His DD Form 214 shows in: * Item 3 (SSN): "303-xx-xxxx" * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Purple Heart (1st Oak Leaf Cluster) * Vietnam Service Medal with 3 bronze service stars * Bronze Star Medal with "V" Device * Republic of Vietnam Campaign Medal * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar 11. He provides a social security card that lists his name and an SSN similar to that he disclosed on his DD Form 398 upon his induction. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while 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 medical personnel, and the medical treatment must have been made a matter of official record. 2. Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart. 3. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 3rd Battalion, 47th Infantry from 1 May 1967 to 30 April 1968, orders awarded his unit the: * Presidential Unit Citation for service from 29 January 1968 to 4 March 1968 by DAGO Number 45, dated 1969 * Meritorious Unit Commendation for service from 1 January 1968 to 31 December 1968 by DAGO Number 36, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 30 June 1968 by DAGO Number 31, dated 1969 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 19 December 1966 to 28 June 1969, by DAGO Number 59, dated 1969 5. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. It states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the campaigns below. * Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967 * Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968 * Tet Counteroffensive, 30 January - 1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968 DISCUSSION: 1. Upon his induction into the AUS in November 1966, the applicant disclosed his SSN as "363-xx-xxxx." His DD Form 214 inadvertently listed his SSN as "303-xx-xxxx," clearly an administrative error. 2. The applicant was wounded as a result of hostile action on four separate occasions as evidenced by the entries in item 40 of his DA Form 20. He was awarded only two awards of the Purple Heart when he should have received four. His DD Form 214 also listed only two awards when it should have listed four. 3. SO awarded him the Combat Infantryman Badge. His DD Form 214 does not show it. 4. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 listed the entry "Expert (Rifle)." This entry is unclear and does not specify the exact weapon system. The three marksmanship badges were omitted from his DD Form 214. 5. He was awarded the Vietnam Service Medal and he participated in four campaigns in Vietnam. He is authorized to wear four instead of three bronze service stars on his already-awarded Vietnam Service Medal. 6. GO awarded his unit in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment to the unit. His DD Form 214 does not reflect any of these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010712 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010712 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2