IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021183 


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) to reflect his proper name in item 1 (Last Name, First Name, Middle Name) and by adding the Combat Infantryman Badge (CIB) and Army Commendation Medal (ARCOM) to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

2.  The applicant states the first name listed on his DD Form 214 is Larry and the middle name entered is Henry; however, his Certification of Birth lists his first name as Lawrence and no middle name.

3.  The applicant also claims the CIB and ARCOM he earned while serving in the Republic of Vietnam (RVN) should be added to the awards listed in item 24 of his DD Form 214.

4.  The applicant provides the following documents:

* Certification of Birth
* DD Form 214
* ARCOM Orders and Certificate
* CIB Certificate


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 record shows he was inducted into the Army of the United States and entered active service on 11 March 1968.  His record contains a DD Form 47 (Induction Record) prepared during his induction processing that lists his first name as Larry and middle name as Henry in item 1 (Last Name, First Name, Middle Name).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) prepared on
18 March 1968, upon his entry on active duty, lists his first name as Larry and his middle initial as "H." in item 1 (Name and Service Number).

4.  All orders and documents in his Official Military Personnel File (OMPF) that list a middle name or middle initial list the name Henry or initial "H."  The majority of orders and documents on file list his first name as Larry while a few list his first name as Lawrence.

5.  The applicant's record shows he was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman) in August 1968, upon completion of infantry advanced individual training (AIT).  Item 31 (Foreign Service) of his DA Form 20 shows he served in the RVN from 9 August 1968 through 24 August 1969, and item 38 (Record of Assignments) shows he served with Company B, 1st Battalion, 12th Infantry Regiment, performing duties in MOS 11B as a rifleman and machine gunner during his RVN tour.  Item 38 also show he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 includes the CIB in the list of earned awards and lists the corresponding special order (SO) number that awarded him the CIB in the authority section of the entry.  It also shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-14) and Automatic Rifle (M-16) Bars
* 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar

7.  The applicant's OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

8.  The OMPF contains Headquarters, 4th Infantry Division, Special Orders Number 10, dated 10 January 1969.  These orders awarded the applicant the first award of the CIB.  It also contains orders awarding the applicant the Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars based on his qualification with the M-14 rifle on 9 May 1968 and with the 
M-16 rifle on 12 June 1968.  It also contains orders showing he qualified as a First Class Gunner (Sharpshooter) with the M-60 machinegun on 19 June 1968.

9.  On 10 March 1970, the applicant was honorably released from active duty (REFRAD) after completing 2 years of active military service.  The DD Form 214 he was issued lists his first and middle names as Larry Henry in item 1.  Item 24 shows he earned the following awards during his active duty service:

* NDSM
* VSM with 2 bronze service stars
* RVN Campaign Medal with Device (1960)

10.  The applicant provides Headquarters, 4th Infantry Division, General Orders Number 3752, dated 6 July 1969.  These orders awarded him the ARCOM for his meritorious service in the RVN from August 1968 to August 1969.  He provides a CIB certificate, dated 10 January 1969, showing he was awarded the CIB for his participation in armed ground combat.  He also provides a copy of his Certification of Birth issued by the State of Ohio, Office of Vital Statistics on
22 August 2000.  This document lists his first name as Lawrence and lists no middle name.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)

12.  Army Regulation 600-8-22 states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

13.  Army Regulation 672-5-1 provided the Army's awards policy in effect at the time.  It stated the AGCM is awarded to individuals who completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service in which case a period of 1 year is a qualifying period.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  It shows the applicant's unit (1st Battalion, 12th Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1966 - 28 July 1969, by Department of the Army General Orders 3, dated 1970; and the RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 October 1966 - 31 October 1969, by DAGO 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB and ARCOM should be added to his record and DD Form 214 has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was awarded the CIB for his participation in armed ground conflict in the RVN on 10 January 1969, as evidenced by entries on his DA Form 20 and orders in his OMPF.  In addition, official orders provided by the applicant confirm he was awarded the ARCOM for his meritorious service in the RVN from August 1968 to August 1969.  As a result, it would be appropriate to add these awards to his DD Form 214.

3.  The evidence of record also shows he received "excellent" conduct and efficiency ratings at all his active duty assignments.  In addition, his OMPF is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active service from 11 March 1968 through 10 March 1970 and by adding the AGCM to his
DD Form 214.  

4.  The evidence of record also shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars for wear on his already-awarded VSM.  It further shows he received the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar and the Marksman Marksmanship Qualification Badge with Rifle (M-14) and Automatic Rifle (M-16) Bars based on his qualification with the specified weapons.  Therefore, it would also be appropriate to add these awards to his
DD Form 214.

5.  The applicant's request that his DD Form 214 be changed to reflect the first name as recorded on his Certification of Birth and to delete the middle name also has been carefully considered.

6.  However, while the validity of the name he claims is correct is not in question, the applicant's record shows he entered, served, and was REFRAD under the first and middle names that are listed on his DD Form 47, DA Form 20, DD Form 214, and the majority of orders and other documents on file in his OMPF.  Absent any evidence to confirm he attempted to correct or change his name while he was still serving, it is presumed he voluntarily chose to serve using the first and middle names recorded in his military records.

7.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  There appears to be no compelling reason to compromise the integrity of the Army’s records to correct his name at this late date.

8.  These Proceedings, along with the application and supporting documents, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his name as recorded in his military record and that listed on his Certification of Birth.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the name under which he served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal (first award) for his qualifying honorable active duty service from 11 March 1968 through 10 March 1970; and

   c.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) and Automatic Rifle (M-16) Bars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to changing the first and middle names on his DD Form 214.



      ___________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)                                         AR20090021183



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ABCMR Record of Proceedings (cont)                                         AR20090021183



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