BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160002033 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: 18 May 2017 DOCKET NUMBER: AR20160002033 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: * deleting from item 3 the existing social security number and replacing it with the social security number listed on his DD Form 398 * adding to item 22c of his DD Form 214 the word "USARPAC" * adding to item 24 of his DD Form 214 the Vietnam Service Medal with 2 bronze service stars, Parachutist Badge, Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Missile Bar, Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation * adding to item 30 of his DD Form 214 the entry "Vietnam Service: 8 March 1967 to 2 July 1967" 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 the Purple Heart. _____________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: 18 May 2017 DOCKET NUMBER: AR20160002033 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 award of the Purple Heart and the Vietnam Service Medal. He also 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 xxx-xx-xxxx vice xxx-xx-xxxx * his Vietnam service 2. The applicant states he was told by the Social Security Administration that his SSN is "xxx-xx-xxxx" and that is the only SSN he has ever had. His DD Form 214 lists an incorrect SSN. 3. The applicant provides a copy of his Medicare card and his military personnel records jacket (MPRJ). 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 "xxx-xx-xxxx." 3. He was inducted into the AUS on 19 August 1966. His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty also listed his SSN as "xxx-xx-xxxx." 4. He completed basic combat and advanced individual training and he was awarded military occupational specialty 16C (Hercules Missile Crewman). He also completed the Basic Airborne Course and was awarded the Parachutist Badge by Special Orders (SO) Number 21, issued by Fort Benning, GA, on 25 January 1967. 5. SO Number 201, issued by Headquarters, 3rd Training Brigade, U.S. Army Training Center, Fort Gordon, GA on 29 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 6. SO Number 203, issued by Headquarters, 3rd Training Brigade, U.S. Army Training Center, Fort Gordon, GA on 1 December 1966, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 7. His DA Form 20 shows he departed Fort Benning, GA, enroute to the U.S. Army Pacific (USARPAC), around 2 February 1967. He arrived in USARPAC around 8 March 1967. * he served in Vietnam with the 1st Battalion, 327th Infantry Regiment, from 20 March 1967 to 2 July 1967 * he departed Vietnam on 3 July 1967 enroute to the Ryukyu Island (USARYIS), Japan and was later assigned to the 1st Missile Battalion, 65th Artillery in the USARYIS from 13 July 1967 to 13 August 1968 8. His DA Form 20 also shows in item 41 (Awards and Decorations), he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Parachutist Badge * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Missile Bar * Good Conduct Medal (by General Orders (GO) Number 45, issued by Headquarters, 30th Artillery Brigade, on 26 July 1968) 9. He was honorably released from active duty on 13 August 1968. His DD Form 214 shows he completed 1 year, 11 months, and 25 days of active service. It also shows in: * Item 3 (SSN), his SSN as "xxx-xx-xxxx" * Item 22c (Foreign and/or Sea Service), the entry "1-5-9" * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal * Item 30 (Remarks) does not list any Vietnam foreign service 10. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Nothing in several typical sources shows he was wounded or injured as a result of hostile action: a. Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury. b. His medical records are available for review with this case but do not list any combat injuries or treatment for injuries resulting from hostile action. c. His name is not shown on the Vietnam casualty roster. d. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders showing he was awarded the Purple Heart. e. There are no general orders in his records for award of the Purple Heart. f. His records do not contain a Western Union Telegram informing his next of kin of an injury/wound or any Army Adjutant General correspondence regarding an injury. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2, in effect at the time, contained guidance for preparation of the DD Form 214: * Item 3 lists the SSN and is obtained from the Soldier's records * Item 22c shows the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed * Item 30 lists mandatory entries, which later included dates of service in Vietnam 2. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service 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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) b. 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action, and injury caused by enemy-placed trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident 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 General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: * Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 DISCUSSION: 1. The evidence shows the applicant disclosed his SSN as "xxx-xx-9592" upon his induction into the Army of the United States. His DA Form 20 confirms this SSN. It appears an administrative error occurred when his DD Form 214 was processed. 2. The available evidence shows the applicant served in Vietnam, USARPAC, from on or about 8 March 1967 to 2 July 1967. He then served in Okinawa from 3 July 1967 to 13 August 1968. His DD Form 214 credited him with 1 year, 5 months, and 9 days of foreign service in item 22c but omitted the major overseas command. It should have reflected the last major command as USARPAC and a later revision of the governing regulation required entry of dates of service in Vietnam in the remarks block of the DD Form 214. 3. Based on his Vietnam service, he served a qualifying period for award of the Vietnam Service Medal with 2 bronze service stars to designate his participation in two campaigns. These bronze serve stars are not shown on his DD Form 214. 4. SO awarded him the Parachutist Badge, Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Missile Bar. None of these badges appears on his DD Form 214. 5. GO awarded him the Army Good Conduct Medal and his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Neither award is shown on his DD Form 214. 6. With respect to the Purple Heart: a. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. Aside from requesting this award, there is no evidence he sustained an injury or evidence showing what caused any injury he may have sustained. His service record is void of any documentary evidence that shows he was wounded or injured as a result of hostile action. His medical records do not reflect treatment for an injury sustained as result of hostile action. His name is not listed on the Vietnam casualty listing. There is nothing in multiple typical sources that confirms he was wounded as a result of hostile action or that he required treatment by medical personnel. c. The available evidence does not conclusively show he was wounded or injured as a result of enemy action and treated for those wounds by medical personnel. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1