BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100019695 


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, in two separate applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the correct spelling of his middle name.

2.  He states he earned the Purple Heart.  He also states his middle name is spelled Broadnax instead of Broadnack as shown on his DD Form 214.

3.  He provides copies of his DD Form 214 and a Purple Heart certificate, dated
8 April 1968, showing he was awarded the Purple Heart for wounds received in action in Vietnam on 7 April 1968.

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 records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 11 April 1967 and he served in military occupational specialty 11B (light weapons infantryman).  He was honorably released from active duty on 10 April 1969 at the expiration of his term of service in the rank/grade of sergeant (SGT)/E-5.  It also shows in:

* item 1 (Last Name, First Name, Middle Name) the entry "H----s, D----d Broadnack"
* item 22c (Statement of Service - Foreign and/or Sea Service) the entry "USARPAC - 1  0  0" indicating he served in Vietnam for 1 year
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Combat Infantryman Badge

4.  A review of the Vietnam casualty roster shows the applicant's name is listed as a casualty on 7 April 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

5.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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.

7.  A review of the available record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.


8.  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 campaign phases and inclusive date.  Based on the applicant's service in Vietnam for 1 year and the date he was wounded in action on 7 April 1968, it appears the applicant would have at least participated in the following four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action in Vietnam on 7 April 1968.  Therefore, it would be appropriate to correct his
DD Form 214 to show the award of the Purple Heart.

2.  The available records clearly show he was assigned in the RVN during the period cited in DAGO Number 8 for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be added to his DD Form 214.

3.  The record reflects he would have participated in four designated campaign phases during his 1-year service in the RVN.  Therefore, his DD Form 214 should be corrected to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The applicant also contends his DD Form 214 should be corrected to show his middle name as Broadnax instead of Broadnack.  He signed his DD Form 214 with the claimed incorrect middle name, and unfortunately, there is no evidence of record to validate what middle name he actually served under.


5.  For historical purposes, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct middle 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.

6.  The applicant is advised that a copy of this decisional document along with his application will be filed in a reconstructed Official Military Personnel File (OMPF).  This will serve to clarify any questions or confusion in regard to the difference in the middle name recorded on his DD Form 214 and to satisfy his desire to have his correct middle name documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  _____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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, and

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

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 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)                                         AR20100019110



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019695



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1