BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100026142 


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 the Purple Heart (PH) and all awards he is eligible for be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and that the spelling of his middle name on his DD Form 214 be corrected.  

2.  The applicant states a DD Form 215 (Correction to DD Form 214) should be issued that includes the PH and all awards he is eligible for, and that corrects the spelling of his name.  

3.  The applicant provides a PH certificate, birth certificate and DD Form 214 in support of his application.  

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 in to the Army on 9 April 1969.  The DD Form 47 (Induction Record) prepared during the induction process spells his middle name with the letter “N” as the last two letters (Glenn).  All other documents completed during the induction process, including the DD Form 398 (Statement of Personal History) completed by the applicant spell his middle name as “Glenn” using the letter “N” as the last two letters.  All documents in his Military Personnel Records Jacket (MPRJ) that use a middle name spell it using the letter “N” as the last two letters.  

3.  The DA Form 20 (Enlisted Qualification Record) shows the applicant was initially trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 15 August 1969, and was later awarded MOS 11C (Infantry Indirect Fire Crewman) on 16 June 1970.  It further shows he was promoted to sergeant/E-5 on 16 June 1970, and that this is the highest rank he attained while serving on active duty.  

4.  The DA Form 20 shows the applicant served in the Republic of Vietnam (RVN) from 10 September 1969 through 9 September 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 1st Battalion, 1st Infantry Regiment, performing duties in MOS 11C as a mortar crewman, gunner and mortar squad leader.  It further shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

5.  Item 40 (Wounds) of the DA Form 20 contains an entry showing the applicant received multiple fragment wounds to the right hip on 13 May 1970.  The MPRJ contains a casualty report, dated 14 May 1970 and a Western Union Telegram, dated 15 May 1970, which show the applicant was wounded in action while engaged with a hostile force in the RVN on 13 May 1970.  

6.  The MPRJ is void of derogatory information or a unit commander disqualification that would preclude award of the Army Good Conduct Medal (AGCM).  

7.  On 8 April 1971, the applicant was honorably released from active duty (REFRAD) after completing 2 years of active military service.  The DD Form 214 he was issued at the time contains a spelling of his middle name using the letter “N” as the last two letters in item 1 (Name). 



8.   Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the applicant earned the following awards:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal (VSM) with two bronze service stars
* RVN Campaign Medal with 60 Device
* Bronze Star Medal with “V” (Valor) Device

9.  The applicant provides a PH certificate, dated 14 May 1970, issued at the 
91st Evacuation Hospital, which awarded him the PH for being wounded in action in the RVN on 13 May 1970.  He also provides a copy of his birth certificate which shows the spelling of his middle name using one “N” as the last letter. 

10.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This roster contains an entry pertaining to the applicant that shows he was wounded in action in the RVN on 13 May 1970.  

11.   Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the following four campaigns:

* Vietnam Summer-Fall 1969, 9 June - 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 and there must have been no convictions by a court-martial.



13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during the applicant's assignment to the
3rd Battalion, 22nd Infantry Regiment, it was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 24 August-31 December 1969 and 
31 March-30 June 1970, in Department of the Army General Order 42, dated 1972. 

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents issued to members upon separation from active duty.  It also establishes the policy for the preparation and distribution of the DD Form 214.  The source records and documents for the DD Form 214 at the time of the applicant’s separation were the DA Form 20 and the documents on file in the MPRJ.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH and all awards he is eligible for should be added to his record and DD Form 214; and that the spelling of his middle name should be corrected to reflect the spelling on his birth certificate has been carefully considered and found to have partial merit.  

2.  The evidence of record confirms the applicant was wounded in action in the RVN on 13 May 1970, and that he was awarded the PH, as evidenced by entries on the DA Form 20, a casualty report, notification telegram and medical treatment records in the MPRJ, and an entry on the Vietnam Casualty Roster.  Therefore, it would be appropriate to add the PH to his record and DD Form 214.  

3.  The evidence of record also confirms the applicant received ‘excellent” conduct and efficiency ratings at all of his active duty assignments, as evidence by entries in item 38 of his DA Form 20; and that his MPRJ is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM for his qualifying honorable active duty service from 9 April 1969 through 8 April 1971, and to add it to his record and 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 and four bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.  



5.  The applicant’s contention that his middle name recorded in his military record and DD Form 214 should be corrected to reflect the spelling on his birth certificate has also been carefully considered.  However, the evidence of record shows the applicant was inducted, entered and served using the middle name as it is spelled on his DD Form 214 and 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 the spelling of his name at this late date.  This Record of 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 the spelling of his middle name.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the middle 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.  awarding him the AGCM (1st Award) for the period 9 April 1969 to 8 April 1971;

	b.  amending item 24 of his DD Form 214 by deleting the current VSM entry; and

	c.  amending item 24 of his DD form 214 by adding the PH, AGCM, VSM with four bronze service stars, and RVN 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 in his military record and 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)                                         AR20100026142



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026142



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1