IN THE CASE OF:	  

		BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090004502 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.

2.  The applicant states, in effect, he did not receive his Purple Heart because his last name was misspelled on the Purple Heart award order.

3.  The applicant provides a copy of the order awarding him the Purple Heart in support of this 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 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's military records show he was inducted into the Army of the United States on 20 June 1967.  He was awarded the military occupational specialty of combat engineer and promoted to pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he performed duties as a combat engineer while assigned to Company B, 8th Engineer Battalion, 1st Cavalry Division (Airmobile) in the Republic of Vietnam (RVN) during the period 13 November 1967 to 5 November 1968.

4.  Item 40 (Wounds) of the applicant’s DA Form 20 contains the entry, “FW L HEAD 6 JAN68.”

5.  The applicant provided Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 531, dated 23 January 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 6 January 1968.  The last name entered on this award order is Ma***.  The applicant’s last name is spelled McMa***.  However, the first name, middle initial, service number and social security number on this order are the same as those the applicant used throughout his military service.  

6.  The applicant was honorably released from active duty on 20 June 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 1 year, 
11 months, and 28 days of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 Device, Air Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.

8.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the RVN.  The unit to which the applicant was assigned while serving in the RVN was cited for award of the Meritorious Unit Commendation on two occasions based on Department of the Army General Orders (DAGO) 50, and DAGO 51, both dated 1971; and the RVN Gallantry Cross with Palm Unit Citation based on DAGO 59, dated 1969.

10.  Appendix B, Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), Vietnam Counteroffensive Phase V (1 July - 1 November 1968), and Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his last name is incorrect on General Orders Number 531, dated 23 January 1968, awarding him the Purple Heart.  Therefore, this award was not entered on his DD Form 214.  The applicant’s first name, middle initial, service number, and social security number are the same on the award order as those the applicant used throughout his military service.  
The applicant’s DA Form 20 shows he was wounded on the same date as the date indicated on the Purple Heart order.  As such, the preponderance of evidence is sufficient to accept that General Order Number 531 awarded the applicant the Purple Heart even though his last name is misspelled on the order.  It would be appropriate to correct his last name on the order and add the Purple Heart to his DD Form 214.

2.  The applicant's unit was awarded the Meritorious Unit Commendation on two occasions and the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit; therefore, these awards should be added to his DD Form 214.  

3.  The available records show the applicant was awarded the Vietnam Service Medal and that he participated in five campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded one silver service star to be worn on the Vietnam Service Medal.

4.  In view of the foregoing, the applicant's records should be corrected as shown below.






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:

	a.  amending Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 531, dated 23 January 1968, to show the correct spelling of the individuals last name as McMa***;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  amending his DD Form 214 by adding the Purple Heart, Vietnam Service Medal with one silver service star, Meritorious Unit Commendation (2nd award), and RVN Gallantry Cross with Palm Unit Citation. 




      _______ _   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)                                         AR20090004502



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ABCMR Record of Proceedings (cont)                                         AR20090004502



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