IN THE CASE OF: BOARD DATE: 14 October 2022 DOCKET NUMBER: AR20210017728 APPLICANT’S REQUEST: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by: * adding his social security number (SSN) * showing his date of birth (DOB) as * deleting “urple Heart” and adding “Purple Heart” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Birth * Social Security Card listing his SSN as * Purple Heart Certificate * Army Commendation Medal (ARCOM) Certificate * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, his SSN is not listed on his DD Form 214, his DD Form 214 incorrectly lists his DOB, and the spelling of “Purple Heart” is incorrectly listed on his DD Form 214. 3. The applicant's available service records contain sufficient evidence to support administrative entries and/or additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show award of the following: * Item 3 (Social Security Number), * Item 9 (Date of Birth), * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), Purple Heart vice “urple Heart” and add Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. As a related item, the Board will consider award of the Army Good Conduct Medal and the Army Commendation Medal. 5. A review of the applicant’s service record shows: a. In connection with his induction, the applicant underwent a pre-induction medical examination. His Standard Form 88 (Report of Medical Examination) listed his SSN as b. He was inducted into the Army of the United States on 12 December 1967, using his service number. His DD Form 47 (Record of Induction) lists his DOB as and his SSN is listed in item 17c (Remarks) which is the number listed on his social security card. c. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows: his DOB as and his SSN as d. His DA Form 41 (record of Emergency Data) listed his SSN as e. He served in Vietnam from 10 September 1968 through 3 March 1969. His DA Form 20 shows he was assigned to 45th IPSD (unknown acronym), 9th Infantry Division. f. Special Orders Number 347, issued by Headquarters, 9th Infantry Division on 12 December 1968 awarded him the Combat Infantryman Badge. g. His DA Form 20 and a Western Union telegram, dated 9 February 1969, show he was wounded in action in Vietnam on shows he was wounded in action on 8 February 1969 when he received shrapnel wounds during combat operations. h. He provides a certificate showing award of the Purple Heart issued on 9 February 1969 for wounds received in action on 8 February 1969 in Vietnam. i. He also provides a certificate, dated 3 April 1969, showing award of the Army Commendation Medal for outstanding achievement in connection with military operations in Vietnam from 11 September 1968 to 4 March 1969. There are no general orders available to confirm this award. j. On 11 December 1969, he was honorably released from active duty. His DD Form 214 shows he completed 2 years of active service. It also shows in: * Item 3 (Social Security Number) * Item 9 (Date of Birth), * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Vietnam Campaign Medal with Device 1960, 1 overseas service bar, and the “urple Heart.” k. His service record does not contain orders awarding him the Army Good Conduct Medal (1st Award) or any derogatory information such as lost time or conviction by a court-martial, that would have disqualified him from receiving this award. Additionally, item 38 (record of Assignment) contains one “excellent” entry for his conduct and efficiency ratings while assigned to Fort Benning, GA. 4. By regulation: a. AR 635-5, the purpose of the DD Form 214 is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. The information on this form must be accurate. b. AR 672-5-1, the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial. c. AR 600-8-22, as with all personal decorations, award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members thoroughly reviewed the applicant's statement, supporting evidence, and the service record. The evidence of record shows the applicant’s service record does not contain orders awarding him the Army Good Conduct Medal (1st Award) or any derogatory information such as lost time or conviction by a court-martial, that would have disqualified him from receiving this award. Additionally, he received “excellent” entry for his conduct and efficiency ratings. He meets the criteria for award of the Army Good Conduct Medal (1st Award). Additionally, he provides a certificate showing award of the Army Commendation Medal for outstanding achievement in connection with military operations in Vietnam from 11 September 1968 to 4 March 1969. Although there are no general orders available to confirm this award, the period of service is consistent with his service in Vietnam and his scope of responsibilities. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 12 December 1967 through 11 December 1969 * adding award of the Army Commendation Medal and Army Good Conduct Medal (1st Award) to his DD Form 214 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows his DD Form 214 omitted certain awards and/or administrative entries. Amend his DD Form 214 as follows: * Item 3 (Social Security Number), * Item 9 (Date of Birth), * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), Purple Heart vice “urple Heart” and add Combat Infantryman Badge and Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of 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. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 3 and for item 9 stated to verify the accuracy with the SSN and DOB of record. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal 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, distinguishes 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. 5. 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 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017728 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1