IN THE CASE OF:	  

		BOARD DATE:	        5 November 2009

		DOCKET NUMBER:  AR20090010647 


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 Sates Report of Transfer or Discharge) to show his full name as "G. D____ K____" instead of "D____ G. K____" and award of the Purple Heart.

2.  The applicant states that the incorrect name is a result of an administrative error that needs to be corrected so he may apply for benefits and that he has the Purple Heart but it is not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 27 December 1969, in support of his request.

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.  Prior to being inducted into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) on 23 May 1968.  He listed his name as "G. D____ K____" and authenticated this form using the name "G. D____ K____" ["G." being the first name, "D____" being the middle name, and "K____" being the last name].

3.  The applicant's records show he was inducted into the AUS and entered active duty on 24 May 1968.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) shows his full name as "K____, G. D____."

4.  In connection with this induction, he authenticated a statement of acknowledgement of service obligation that shows the following entry "I, D____ G. K____, having been inducted into the Army of the United States…."  However, he authenticated this form by placing his signature using the name "G. D____ K____."

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) created on 30 May 1968 listed his full name as "K____, D____ G."  However, the applicant authenticated this form using his name as "G. D____ K____."

6.  On 6 June 1968, the applicant completed a DD Form 1584 (National Agency Check Request).  He listed his full name as "K____, G. D____."

7.  The applicant’s record also shows he completed basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Policeman).

8.  The applicant’s records further show he served in the Republic of Vietnam from on or about 27 November 1968 to on or about 27 December 1969.  He was assigned to the 1st Military Police Company, 1st Infantry Division.

9.  The applicant’s records contain various personnel and/or medical documents including promotion orders, awards orders, reassignment orders, permanent orders, certificates, citations, letters, chronological records of medical care, medical examinations, and other documents that show his full name as "D____ G. K____."  He authenticated several of these documents using his name as "D____ G. K____."

10.  The applicant’s records further show he was honorably released from active duty on 27 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  The DD Form 214 he was issued shows the following entries:

	a.  item 1 (Last Name, First Name, Middle Name) shows the entry "K____, D____ G."; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.  Item 24 does not show award of the Purple Heart.

11.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank.  Additionally, the applicant's name is not shown on the Vietnam casualty roster.

12.  The applicant’s available medical records do not show he suffered a combat wound/injury or that he was treated for any wounds/injuries.

13.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the Purple Heart.  Additionally, there are no general orders in the applicant's records that show he was awarded the Purple Heart.

14.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the official military personnel file (OMPF), the military personnel records jacket, the career management individual file, and Army personnel qualification records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show his correct name as "G. D____ K____" and the Purple Heart.

2.  With respect to the applicant’s full name, the applicant’s induction document shows his name as "G. D____ K____."  He authenticated this form and several other forms completed in connection with this induction using the name "G. D____ K____."  However, throughout his military service, the applicant also used the name "D____ G. K____" and authenticated several documents using this name.

3.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s middle name in this case.  Nevertheless, a copy of this decisional document will be filed in his service records.  This should serve to clarify any questions or confusion regarding the different names and adequately document his full name in his record.

4.  With respect to award of the Purple Heart, there are no general orders that show the applicant was awarded the Purple Heart, there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds, and his name is not shown on the Vietnam casualty roster.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090010647



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ABCMR Record of Proceedings (cont)                                         AR20090010647



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