IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100014671 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show:

   a.  the correct spelling of his middle name is “Westley” vice “Wesley"; and 
   
   b.  the following awards:

* Presidential Unit Citation (PUC)
* Meritorious Unit Commendation (MUC)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states he recently found out he may be entitled to the above awards. 

3.  The applicant provides the following documentation:

* His DD Form 214
* An excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)





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 was inducted into the Army of the United States on 18 August 1966.  A copy of his DD Form 47 (Record of Induction) shows the spelling of his middle name as “Wesley.”  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 94B (Cook).

3.  A copy of a DD Form 398 (Statement of Personal History) which was handwritten and authenticated by the applicant on 18 August 1966, shows in item 1 (First Name – Middle Name – Last Name) that his middle name is spelled as “Wesley.”

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN for the period 21 February 1967 through 18 February 1968.  Item 38 (Record of Assignments) shows he was assigned to Battery A, 1st Battalion, 21st Artillery, 1st Cavalry Division and performed duties in MOS 94B as a First Cook.

5.  His DD Form 214 shows he was honorably released from active duty on 
16 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 1 (Last Name – First Name – Middle Name) shows his name is spelled as “Wesley.” Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the following:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device 1960
* Army Commendation Medal 
* Army Good Conduct Medal

6.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-3 lists the unit awards and campaign periods for the Vietnam era.  Three designated campaigns coincide with his period of service in the RVN:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

9.  Department of the Army Pamphlet 672-3 shows during the period he was assigned to Battery A, 1st Battalion, 21st Artillery, 1st Cavalry Division, his unit received the following awards:

* MUC for the period 1 February to 31 October 1967 by Department of the Army General Orders 54, dated 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders 59, dated 1969
* PUC for the period 28 February to 4 April 1967 by Department of the Army General Orders 2, dated 1973

10.  Department of the Army Pamphlet 672-3 does show the RVN Civil Actions Honor Medal First Class Unit Citation was awarded to the 1st Battalion, 21st Artillery, 1st Cavalry Division; however, the period for this award was 1 January 1969 to 1 February 1970.

DISCUSSION AND CONCLUSIONS:

1.  The spelling of his middle name on his DD Form 47, DD Form 398, DD Form 214, and all other available service documents is shown as “Wesley."  His records show he served his entire military career with the middle name shown on his DD Form 214.

2.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable he desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 

3.  He is advised a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions that may arise regarding the two different names and to satisfy his desire to have his current name documented in his OMPF.

4.  General orders awarded his unit the MUC, PUC, and the RVN Gallantry Cross with Palm Unit Citation during his tour of duty in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  He was previously awarded the Vietnam Service Medal.  His records show he participated in three campaigns while serving in the RVN.  Therefore, he is entitled to award of three bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  Department of the Army Pamphlet 672-3 shows the RVN Civil Actions Honor Medal First Class Unit Citation was awarded to the 1st Battalion, 21st Artillery, 
1st Cavalry Division during a period of service which is outside of the period in which the applicant served in Vietnam.  Therefore, he is not entitled to this unit award. 

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 the Vietnam Service Medal from his DD Form 214; and 

b.  adding the following awards to his DD Form 214:
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Vietnam Service Medal with three bronze service stars

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 spelling of his middle name to “Westley” and adding the RVN Civil Actions Honor Medal First Class Unit Citation to 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)                                         AR20100014671



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ABCMR Record of Proceedings (cont)                                         AR20100014671



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