IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110013719 


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 award of the Purple Heart and to show the spelling of his first name as "M---e-" instead of "M---ae-."

2.  He states, in effect, the medical records he provided show a "Purple Heart" shrapnel wound injury to his neck.  The Purple Heart was not listed on his DD Form 214.  He states his first name was continuously misspelled although he informed the clerk and others of the correct spelling.  

3.  He provides four pages of a Standard Form 600 (Health Record - Chronological Record of Medical Care). 

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 military records show he was inducted into the Army on 7 May 1969.  He was awarded the military occupational specialty of armor reconnaissance specialist.

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a loader and welder during his tour of duty in the Republic of Vietnam (RVN) while he was assigned to 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division, during the period 4 November 1969 to 14 October 1970.

4.  His DD Form 214 shows he was honorably released from active duty on 6 May 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed a total of 2 years of active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time of his separation does not show the Purple Heart.

6.  A review of the four pages of the Standard Form 600 and other medical documents contained in his records show he was treated for an abscess on his neck.  The records do not indicate the cause of the abscess. 

7.  His records do not contain any evidence that indicate he was ever awarded the Purple Heart.

8.  Item 40 (Wounds) of his DA Form 20 is blank.

9.  Item 41 (Awards and Decorations) does not show the Purple Heart.

10.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not contain the applicant's name.

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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

12.  Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 and of his DD Form 47 (Record of Induction) show the entry "K-----, M---ae- R-----."  His DA Form 20 and most all other documents in his records show his first name spelled as M---ae-.

13.  A DA Form 3082-R (Statement of Medical Condition) and DD Form 398 (Statement of Personal History) show the spelling of his first name as M---e-.

14.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.

DISCUSSION AND CONCLUSIONS:

1.  Despite the fact the applicant's medical records show he was treated for an abscess on his neck, there is no evidence to support his contention this was caused by a shrapnel wound.  There is no evidence in his available military personnel records or sufficient corroborating evidence provided by him which shows he was wounded or injured as a result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record.

2.  His name is not listed on the Vietnam Casualty Roster and item 40 of his DA Form 20 is blank.

3.  In the absence of evidence he was wounded or injured as a result of hostile action, treated for such wounds, and that it was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, regrettably, there is insufficient basis for granting the applicant's requested relief.

4.  Item 1 of his DD Form 214, item 1 of his DD Form 47, his DA Form 20, and numerous other documents in his records show his first name spelled as 
"M---ae-."

5.  A DA Form 3082-R, DD Form 398, and a few other documents in his records show the spelling of his first name as "M---e-."

6.  In view of the foregoing, there is an insufficient basis for granting the applicant's request to have his name changed on his DD Form 214.


7.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference spelling of his first name and to satisfy his desire to correct the spelling his first name.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during their review that the available evidence was sufficient to warrant a recommendation for partial relief.

2.  The Board believed his name on his DD Form 214 should be changed to reflect the spelling of his first name as M---e- vice M---ae-.  His signature on all of the documents in these Proceedings show his name is consistently spelled as
M---e-.  While several of these documents have his name typed as M---ae-, he signed them M---e-.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 1 of his DD Form 214 to show his first name as it is shown on his DD Form 398.

3.  The Board further determined that the evidence presented was 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 the Purple Heart.



      _________XXX______________
               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)                                         AR20110013719



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013719



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1