IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110003363 


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 effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to:

	a.  show his last name as "Bxxhkxxxxx" instead of "Bxxhokxxxxx"; and

	b.  add the award of the Bronze Star Medal (BSM).

2.  The applicant states he was awarded the BSM in Vietnam.

3.  The applicant provides:

* a BSM citation and certificate
* a Certificate of Appreciation

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 record includes a DD Form 98 (Armed Forces Security Questionnaire), dated 8 August 1969, and a USAREC Form 180 (Acknowledgement of Service Obligation (6-Year Acknowledgement)), dated
5 September 1969, completed during his enlistment processing.  These documents list his last name as "Bxxhkxxxxx," which he authenticated by signing both documents with the last name he contends is correct.

3.  On 5 December 1969, he was inducted into the Army of the United States.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) shows his last name as "Bxxhokxxxxx."

4.  Item 1 (First Name - Middle Name - Last Name) of the DD Form 398 (Statement of Personal History) the applicant completed on 9 December 1969 shows his last name as "Bxxhkxxxxx."  This form also shows the applicant listed this same name three additional times when he listed the names of his father and two brothers.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) that was created on upon his entry on active duty lists his last name as "Bxxhokxxxxx"; however, the "o" in the fifth character space was blackened out.  It shows he last reviewed and authenticated this document with his signature on 5 March 1971 using the last name "Bxxhkxxxxx."

6.  The majority of documents on file in the applicant's Military Personnel Records Jacket (MPRJ) list his last name as "Bxxhkxxxxx."  The applicant authenticated every document in his MPRJ that includes his signature as
"Bxxhkxxxxx."

7.  His DA Form 20 shows he served in Vietnam from 6 December 1970 to
22 November 1971.  Item 41 (Awards and Decorations) does not show the BSM.

8.  The applicant's MPRJ is void of any orders or documents that indicate he was ever recommended for or awarded the BSM while serving in Vietnam or at any other time during his military service.

9.  On 26 November 1971, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 11 months, and 22 days of active military service.  Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 list his last name as "Bxxhokxxxxx."

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the BSM.

11.  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 United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.

12.  The applicant provides a citation and certificate that shows he was awarded the BSM for meritorious service in the Vietnam.  The citation shows the period from 10 December 1970 to 4 December 1971 and the certificate shows the period from 10 December 1970 to 16 November 1971.

13.  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.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214.  It states, in pertinent part, that Item 1 will contain the name taken from the Soldier’s personnel record.

14.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 3-14 contains guidance on award of the BSM and states, in pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows a preponderance of the documents contained throughout the applicant’s MPRJ list his last name as "Bxxhkxxxxx."  Throughout his enlistment processing and military service, he continuously listed and signed his last name as "Bxxhkxxxxx," and this is the name he now claims is correct.  Based on the evidence of record it appears that the applicant's last name was administratively incorrect on several documents in his MPRJ, including his

DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 at this time to show his name as "Bxxhkxxxxx."

2.  There are no available general orders showing that the applicant was awarded the BSM by the appropriate award authority.  The evidence he provides, absent the official order to substantiate his claim that he was awarded the BSM while on active duty, is insufficient to grant the requested relief.

3.  Should the applicant have, or be able to obtain, a copy of the orders awarding him the BSM to corroborate his claim to the BSM, he may submit a request for reconsideration to this Board.

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 deleting from item 1 of the applicant's DD Form 214 the last name entry of "Bxxhokxxxxx" and replacing it with the entry "Bxxhkxxxxx."

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 the Bronze Star Medal 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)                                         AR20110003363



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ABCMR Record of Proceedings (cont)                                         AR20110003363



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