IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090009470 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 May 1968 to show his middle name as Gary instead of Eary.  He also requests award of any medals, ribbons, and citations to which he is entitled.

2.  The applicant states his middle name is incorrectly entered on his 
DD Form 214.  He also states that despite his military occupational specialty (MOS), when he deployed to Vietnam he was in combat.

3.  The applicant provides, in support of his application, copies of his 
DD Form 214 and his Wisconsin Commercial Driver License.

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 personnel records show he was inducted into the Army of the United States on 23 May 1966.  Item 1 (Last Name - First Name - Middle Name) of the applicant's DD Form 47 (Record of Induction) identifies the applicant with the middle name of Gary.  Armed Forces Examining and Entrance Station, Minneapolis, MN, Special Orders Number 1010, dated 23 May 1966, identifies those personnel inducted in the Army of the United States on 23 May 1966 in the rank/grade of private (PV1)/E-1 for the active duty commitment of
24 months.  The applicant is identified on these orders with the middle initial "G."

3.  He completed basic combat and advanced individual training and he was awarded MOS 62E (Construction Machine Operator).

4.  Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) identifies him with the middle initial "G."

5.  The applicant was assigned to the 73rd Engineer Company from 10 May
1967 - 7 October 1967 in the Republic of Vietnam.

6.  The applicant was assigned to the 84th Engineer Battalion from 8 October 1967 - 3 May 1968 in the Republic of Vietnam.

7.  On 6 May 1968, the applicant was honorably released from active duty by reason of overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 1 year, 11 months, and 14 days of creditable active service.

8.  Item 1 (Last Name - First Name - Middle Name) of the applicant's 
DD Form 214 identifies him with the middle name Eary.  In item 32 (Signature of Person Being Transferred or Discharged) he signed his name using the middle initial "G."

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.


10.  Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 127, dated 6 May 1968, released the applicant from active duty and transferred him to the USAR Control Group (Annual Training).  These orders identify him with the middle initial "G."

11.  Documents throughout the applicant's Official Military Personnel File (OMPF) identify him with either the full middle name of Gary or the middle initial "G."

12.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served during the following campaign phases:  Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967); Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); 
Tet Counteroffensive (30 January 1968 - 1 April 1968); and the Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968).

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 73rd Engineer Company, the unit received the Meritorious Unit Commendation (Army) for the period 10 November 1966 - 31 October 1967, based on Department of the Army General Orders (DAGO) Number 5, dated 1969.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 84th Engineer Battalion, the unit received the Meritorious Unit Commendation (Army) for the period 1 November 1967 – 
31 December 1968, based on DAGO Number 70, dated 1969.

15.  Department of the Army Pamphlet 672-3 shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8, dated 1974.

16.  Army Regulation 600-8-22 provides, in pertinent part, that an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations and unit awards.

17.  Army Regulation 600-8-22, in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign, which in this case is the Vietnam Service Medal.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his middle name on his DD Form 214 should be Gary instead of Eary.  He also contends he earned additional awards that are not listed on his DD Form 214.

2.  The applicant's induction orders, his record of induction, records in his OMPF, and his orders for release from active duty clearly show he was inducted, served, and released from active with the middle name of Gary.  Therefore, it is appropriate to correct item 1 of his DD Form 214 to identify him with the middle name of Gary instead of Eary.

3.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

4.  Based on his service with the 73rd Engineer Company and the 84th Engineer Battalion the applicant is authorized the Meritorious Unit Commendation (Army) with First Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.  deleting from item 1 of his DD Form 214 the entry "Eary" and replacing it with the entry "Gary";

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   c.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation (Army) with First Oak Leaf Cluster, and the Republic of Vietnam 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)                                         AR20090009470



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ABCMR Record of Proceedings (cont)                                         AR20090009470



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