IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080006264
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 last name on his Purple Heart certificate to show M______ instead of H_______.
2. The applicant states that his last name was misspelled on his Purple Heart certificate.
3. The applicant provides a copy of his Purple Heart certificate and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. On 14 February 1966, the applicant underwent a medical examination for enlistment in the Regular Army. His Report of Medical Examination shows his last name as M______. The applicant enlisted in the Regular Army on 14 February 1966. He signed his DD Form 4 (Enlistment Record - Armed Forces of the United States) using the last name M______.
3. He signed his DA Form 20 (Enlisted Qualification Record) on 18 February 1966 using the last name M______.
4. Headquarters, 101st Airborne Division General Orders Number 1609, dated 16 June 1968, show the applicant was awarded the Purple Heart for wounds received in action on 17 August 1967. These orders show his last name as M______.
5. The applicant was issued an award certificate for the Purple Heart which shows his last name as H_______.
6. The applicant was released from active duty on 13 February 1969. He authenticated his DD Form 214 indicating his last name as M______.
7. All of the documents in the applicants service records show his last name as M______.
DISCUSSION AND CONCLUSIONS:
1. All of the documents in the applicant s service records show his last name as M______. However, he was issued a Purple Heart award certificate which erroneously reflects his last name as H_______.
2. It appears that an administrative error has occurred in this case regarding the spelling of the applicants last name on his Purple Heart certificate.
3. Therefore, it would be appropriate to amend the applicants Purple Heart certificate to show his last name as M______.
BOARD VOTE:
___xx___ __xx____ ___xx___ 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 amending his Purple Heart certificate to show his last name as M______.
_______xxxx___________
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) AR20080006264
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080006264
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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