IN THE CASE OF: BOARD DATE: 31 March 2011 DOCKET NUMBER: AR20100023859 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that his last name is spelled as “HOPPER” instead of “HOOPER” and that he be awarded the appropriate awards for his service in Vietnam and Southeast Asia. 2. The applicant states, in effect, that his last name is incorrectly spelled on his DD Form 214 and his DD Form 214 does not reflect his service or awards for service in Vietnam or Southeast Asia. 3. The applicant provides a copy of his DD Form 214 and a legal documents related to his legal last name. 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 7 September 1966 for a period of 3 years and training as a construction and utilities worker. His last name at the time of his enlistment and throughout his service was spelled as “Hopper”. 3. He completed his training at Fort Leonard Wood, Missouri and was transferred to Thailand for assignment to Company C, 809th Engineer Battalion for duty as a heavy construction carpenter. He departed Thailand on 31 January 1968 and was transferred to Germany on 20 March 1968 for assignment to Company B, 83d Engineer Battalion. 4. He departed Germany on 22 October 1968 with his unit for assignment to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 14 July 1969. 5. His DD Form 214 issued at the time of his REFRAD reflects his last name spelled as “HOOPER” and shows that he was awarded the National Defense Service Medal. It also reflects that his last overseas assignment was in “USAREUR” (US Army Europe). 6. A review of the applicant’s official records as well as the applicable regulations failed to show that the applicant was awarded any awards that are not reflected on his DD Form 214 nor does it show that the applicant’s unit was awarded any awards during the period he served. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his last name is misspelled on his DD Form 214 has been noted and found to have merit. He enlisted and served under the last name of “Hopper”; however, his DD Form 214 incorrectly reflects a last name of “HOOPER”. Accordingly, he is entitled to have that error corrected at this time. 2. The applicant’s contention that his DD Form 214 should reflect awards and service in Vietnam and Southwest Asia has also been noted. However, it has been found to lack merit. 3. Neither the applicant or his unit were awarded any awards during the period he served in Thailand nor was service in Thailand recognized by any service medals. Accordingly, he is not entitled to have any additional entries regarding awards or service added to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X____ ___X____ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 showing on his DD Form 214 dated 14 July 1969 that his last name is spelled as “HOPPER” instead of “HOOPER” as currently reflected. 2. The Board further determined that 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 adding additional awards or entries regarding service in Vietnam or Southwest Asia. 3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. _________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. ABCMR Record of Proceedings (cont) AR20100023859 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023859 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1