IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005709 


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

* His last name as "Axcixxo" instead of "Axicxxo"
* Three awards of the Army Commendation Medal

2.  The applicant states his last name was spelled incorrectly and the awards were not listed.

3.  The applicant provides:

* DD Form 214
* U.S. Army Reserve discharge orders
* Honorable Discharge Certificate
* Certificates and citations awarding him two awards of the Army Commendation Medal

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.  His records show he was inducted into the Army of the United States on 7 January 1969.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) listed his last name as "Axcixxo." 

3.  In connection with his induction, he completed a DD Form 398 (Statement of Personal History) wherein he listed his last name as "Axcixxo."  He authenticated this form by placing his signature in the appropriate place using this last name. 

4.  He held military occupational specialty 11B (Light Weapons Infantryman) and he served in Vietnam from 9 June 1969 to 3 June 1970.  He was assigned to:

* D Troop, 17th Cavalry, 199th Infantry Brigade, from 23 June to 21 October 1969
* Headquarters and Headquarters Company (HHC), 199th Infantry Brigade, 21 October 1969 to 3 June 1970

5.  The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his last name as "Axcixxo."  He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this same last name. 

6.  His records contain several personnel, finance, legal, and medical documents including a record of emergency data, an insurance election certificate, an Armed Forces Security Questionnaire, an Armed Forces Fingerprints Card, assignment and separation orders, and various other orders that show his full name as "Axcixxo."  He authenticated some of these forms, as required, by placing his signature in the appropriate place using this name.

7.  General Orders Number 825, issued by Headquarters, 199th Infantry Brigade, on 10 April 1970, awarded him the Army Commendation Medal for meritorious achievement from 9 June to 8 November 1969.

8.  General Orders Number 1714, issued by Headquarters, U.S. Army Vietnam, on 10 June 1970, awarded him the Army Commendation Medal (2nd Oak Leaf Cluster) for meritorious service from June 1969 to June 1970.

9.  He was honorably released from active duty on 13 October 1970.  Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his last name as "Axicxxo."  Additionally, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Two overseas service bars
* Vietnam Campaign Medal with "1960" Device
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

11.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the D Troop, 17th Cavalry, 199th Infantry Brigade, and HHC, 199th Infantry Brigade, both units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 June 1968 to 31 July 1970 and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 December 1966 to 31 August 1970, based on Department of the Army General Orders Number 51, dated 1971.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* 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


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his last name as "Axcixxo" upon his induction.  This last name is consistent with the last name on all official military records throughout his military service.  He authenticated several forms that contain this name.  It appears his DD Form 214 inadvertently misspelled his last name.  Therefore, he is entitled to correction of his DD Form 214 to show his correct last name.  

2.  General orders awarded him three awards of the Army Commendation Medal none of which is listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

4.  He was awarded the Vietnam Service Medal.  He also participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to three bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 his DD Form 214 the last name "Axicxxo" and adding the last name "Axcixxo" 
* adding to item 24 of his DD Form 214 the 


* Army Commendation Medal (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   __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)                                         AR20110005709



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110005709



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1