IN THE CASE OF:
BOARD DATE: 3 June 2008
DOCKET NUMBER: AR20080004448
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, in effect, that the spelling of his last name on his Silver Star (SS) orders be corrected.
2. The applicant states, in effect, that his last name is spelled incorrectly on the general orders (GO) that awarded him the SS.
3. The applicant provides the SS GO in question; promotion orders; a Department of Veterans Affairs Letter, dated 12 January 2004; and his separation document (DD Form 214) in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows that he enlisted in the United States Army Reserve Delayed Entry Program (DEP) on 12 July 1967 for a period of 6 years. He was released from the DEP, enlisted in the Regular Army for a period of 3 years, and entered active duty on 15 August 1967. The enlistment record (DD Form 4) prepared for his enlistment lists his last name without the letter "N" in the seventh character.
3. The Enlistment Qualification Record (DA Form 20) prepared on the applicant upon his entry on active duty lists his last name without the letter "N" in the seventh character.
4. The applicant's record shows he served in the Republic of Vietnam (RVN) from 14 February 1968 through 8 February 1969. It also shows that during this RVN tour, he was assigned to Company B, 1st Battalion, 508th Infantry Regiment, performing duties in military occupational specialty (MOS) 11B (Infantryman) as a rifleman and squad leader. His record confirms that during his active duty tenure, he earned the following awards: National Defense Service Medal (NDSM); SS; Bronze Star Medal (BSM); Army Commendation Medal (ARCOM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM); Combat Infantryman Badge (CIB); and Parachutist Badge.
5. The applicant's Official Military Personnel File (OMPF) contains Headquarters, II Field Force Vietnam GO Number 159, dated 21 January 1969. These orders awarded the applicant the SS for gallantry in action in the RVN on 26 August 1968. The last name of the applicant in the standard name line of these orders erroneously added the letter "N" as the seventh character.
6. On 8 September 1970, the applicant was honorably separated after completing a total of 2 years, 10 months, and 7 days of creditable active military service. The last name contained on the separation document matches the last name on his enlistment record and his DA Form 20, and does not include the letter "N" in the seventh character.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the spelling of his last name on his SS award orders is incorrect was carefully considered and found to have merit. The evidence of record confirms the correct spelling of the applicant's last name does not include the letter "N" as the seventh character, as evidenced by the applicant's enlistment record, DA Form 20, and separation document. As a result, it is clear the applicant's last name was misspelled on his SS orders as a result of an administrative error. Therefore, it would be appropriate to correct the spelling at this time.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 changing the spelling of his last name in Headquarters, II Field Force Vietnam General Orders Number 159, dated 21 January 1969, to match the spelling of his last name on his enlistment record, DA Form 20, and DD Form 214 by eliminating the letter "N" in the seventh character; and by providing him a corrected copy of these orders.
________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) AR20080004448
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ABCMR Record of Proceedings (cont) AR20080004448
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