IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023859
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 reflect that his last name is spelled as HOPPER instead of HOOPER and that he be awarded the appropriate awards for his service in Vietnam and Southeast Asia.
2. The applicant states, in effect, that his last name is incorrectly spelled on his DD Form 214 and his DD Form 214 does not reflect his service or awards for service in Vietnam or Southeast Asia.
3. The applicant provides a copy of his DD Form 214 and a legal documents related to his legal last name.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 7 September 1966 for a period of 3 years and training as a construction and utilities worker. His last name at the time of his enlistment and throughout his service was spelled as Hopper.
3. He completed his training at Fort Leonard Wood, Missouri and was transferred to Thailand for assignment to Company C, 809th Engineer Battalion for duty as a heavy construction carpenter. He departed Thailand on 31 January 1968 and was transferred to Germany on 20 March 1968 for assignment to Company B, 83d Engineer Battalion.
4. He departed Germany on 22 October 1968 with his unit for assignment to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 14 July 1969.
5. His DD Form 214 issued at the time of his REFRAD reflects his last name spelled as HOOPER and shows that he was awarded the National Defense Service Medal. It also reflects that his last overseas assignment was in USAREUR (US Army Europe).
6. A review of the applicants official records as well as the applicable regulations failed to show that the applicant was awarded any awards that are not reflected on his DD Form 214 nor does it show that the applicants unit was awarded any awards during the period he served.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his last name is misspelled on his DD Form 214 has been noted and found to have merit. He enlisted and served under the last name of Hopper; however, his DD Form 214 incorrectly reflects a last name of HOOPER. Accordingly, he is entitled to have that error corrected at this time.
2. The applicants contention that his DD Form 214 should reflect awards and service in Vietnam and Southwest Asia has also been noted. However, it has been found to lack merit.
3. Neither the applicant or his unit were awarded any awards during the period he served in Thailand nor was service in Thailand recognized by any service medals. Accordingly, he is not entitled to have any additional entries regarding awards or service added to his DD Form 214.
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 showing on his DD Form 214 dated 14 July 1969 that his last name is spelled as HOPPER instead of HOOPER as currently reflected.
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 adding additional awards or entries regarding service in Vietnam or Southwest Asia.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20100023859
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023859
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080011264
The applicant states that the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) were omitted from his DD Form 214, but that he was awarded these medals for his service in Vietnam and Thailand with the 9th Logistical Command and the United States Army Vietnam Support Depot, Thailand (USASUPTHAI). The applicant provides an undated self-authored memorandum; his DD Form 214; DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 25...
ARMY | BCMR | CY2014 | 20140003985
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any awards and decorations to which he is entitled for his foreign service in Thailand. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant's foreign service was performed in Thailand; however, his record does not contain and he has not provided sufficient evidence to show he served in direct support of operations or contributed...
ARMY | BCMR | CY2003 | 2003087772C070212
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1963 to 1 August 1969 be corrected: to show his Vietnam service; to show award of the Vietnam Service Medal (VSM); and to show that he received campaign participation credit for two campaigns -- Counteroffensive Phase II and III. Records show the applicant should have discovered the error or injustice now under consideration on 1 August 1969; therefore, the...
ARMY | BCMR | CY2008 | 20080005307
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant completed an overseas tour in Thailand, which was an overseas area included in the USARPAC major command, and that this overseas service is properly documented on his DA Form 20, DA Form 24, and on the DD Form 214 he was issued upon his REFRAD. His record shows no service in Vietnam, Cambodia, or any other overseas area and as a result, there is an...
ARMY | BCMR | CY2009 | 20090016783
Although the applicant requests his military records be corrected to show a combat duty assignment while assigned to Thailand and a TDY assignment in Vietnam in May 1968, the governing regulation states that there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214. Therefore, his military records should be corrected to show the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all...
AF | BCMR | CY2010 | BC-2010-04364
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04364 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicants request pertaining to credit for service in the Republic of Vietnam, indicating they are unable to verify such...
AF | BCMR | CY2014 | BC 2014 01227
After reviewing his official military record and documentation he provided, DPAPP was able to verify and confirm boots on ground foreign service time in the Republic of Vietnam and Thailand for a total of 127 days between November 1966 and Mar 1968. In addition, the Air Force Personnel Center (AFPC), Directorate of Assignments could only verify the applicant as having served in Vietnam and Thailand for a total of 127 days; therefore, rendering him ineligible for award of the VCM. Upon...
AF | BCMR | CY2013 | BC 2013 02260
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force at Exhibit C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicants requests for award of the VSM and the SWASM. DPSID states that the VSM is awarded to all service members of the Armed Services who between 4 Jul 1965 and 28 Mar 1973, served in the following areas...
ARMY | BCMR | CY2001 | 2001055029C070420
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant served in Thailand in a unit that provided direct support to the operations being conducted in Vietnam and should have been awarded the VSM for his service. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for...
AF | BCMR | CY2003 | BC-2003-00722
His Air Force Form 7 does show he was TDY to Southeast Asia for a total of 97 days during 1969. Although the applicant provided no evidence to show actual locations while TDY to Southeast Asia (SEA), it was noted that his DD Form 214 reflects award of the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM). The DVA denied his request because his military records reflect service in Southeast Asia (SEA), but not specifically in Vietnam.