BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20100000804 


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 show the correct spelling of his first name and award of the Purple Heart (PH) and the Meritorious Unit Commendation (MUC).

2.  The applicant states he was injured in combat while serving in the Republic of Vietnam (RVN).  He also states his first name is spelled incorrectly.

3.  The applicant provides a copy of his induction order and DD Form 214.

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 that he was inducted into the Army of the United States on 15 December 1965.  The DD Form 47 (Record of Induction) prepared during his induction processing lists his first name as "E---eio."  The applicant's DA Form 20 (Enlisted Qualification Record) also lists his first name as "E---eio."

3.  The applicant’s Official Military Personnel File (OMPF) lists the same first name recorded on his DD Form 47 and DA Form 20 on at least half of the documents it contains.  The other half of the documents contained in his OMPF lists his first name as "E---eo," the name he contends is his correct first name.  The applicant signed his name respective to how his name was listed on each of these documents requiring his signature.

4.  The applicant's DA Form 20 shows he served in the RVN from 18 July 1966 to 16 November 1967 and that he was assigned with the 380th Transportation Detachment.  Item 38 (Record of Assignments) shows that he received "excellent" conduct and efficiency ratings at each of his active duty assignments.

5.  Item 40 (Wounds) of the DA Form 20 is blank.  Item 41 (Awards and Decorations) shows he was awarded the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with M14 Rifle Bar

6.  The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty.  The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN.

7.  The applicant's record is void of any derogatory information and/or a unit commander disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal (AGCM).

8.  On 17 November 1967, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 11 months, and 3 days of creditable active service.  The DD Form 214 he was issued at the time lists the same name recorded on his DD Form 47, DA Form 20, and on a portion of documents on file in his OMPF.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the NDSM, VSM, and the RVNCM with Device 1960.
10.  During the processing of this case, a member of the Board staff reviewed the Vietnam Casualty Roster.  There is no entry pertaining to the applicant on this list of RVN casualties.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  The regulation stipulates that a DD Form 214 will cover the period of active duty or enlistment.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214.  It states, in pertinent part, that Item 1 (Last Name - First Name - Middle Name) will contain the name taken from the Soldier’s personnel record.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by medical personnel; and a record of this medical treatment must be supported by medical treatment records that were made a matter of official record

13.  Army Regulation 600-8-22, 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 two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's assignment in the RVN, his unit (380th Transportation Detachment) was cited for award of the MUC for the period 1 July 1966 - 31 December 1967 by Department of the Army General Orders 37, dated 1970.

16.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973

* Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to reflect the correct spelling of his first name and to add the award of the PH and the MUC.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The evidence of record confirms the applicant’s unit earned the MUC during his assignment in the RVN.  In addition, based on his service and campaign participation in the RVN, he is entitled to the RVN Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with M14 Rifle Bar, and two bronze service stars for wear on his already-awarded VSM.  Therefore, these awards should be added to DD Form 214.

3.  The applicant's record also confirms that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander 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 period of honorable active duty service from 15 December 1965 to 17 November 1967 and to add this award to his DD Form 214 at this time.

4.  The evidence of record clearly shows an error occurred in the spelling of the applicant’s first name given that it is spelled differently in two different ways throughout his MPRJ.  However, the applicant failed to provide a copy of his birth certificate, baptismal record, or some other official document to verify the correct spelling of his first name.  Absent any official document to confirm the correct spelling of his name, an informed decision to properly correct his first name cannot be made.  Therefore, this portion of the requested cannot be granted at this time.

5.  By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.  In this case, the evidence of record fails to corroborate the applicant's claim that he sustained a wound/injury in the RVN warranting award of the PH.

6.  Item 40 of the applicant's DA Form 20 is blank which indicates he was not wounded in action.  Further, there are no orders or other documents on file in his record that indicate he was ever awarded the PH by proper authority or that he ever pursued award of the PH while he was on active duty.

7.  In addition, the applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Absent any evidence of record to corroborate the applicant's injury to his forehead was sustained as a result of hostile action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

8.  The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 period of honorable active duty service from 15 December 1965 to
17 November 1967;
   
   c.  adding to item 24 of the DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with M14 Rifle Bar; and

   d.  issuing him a correction to the DD Form 214 reflecting these corrections.

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 correcting the spelling of his first name and award of the Purple Heart.



      _________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)                                         AR20100000804



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)