IN THE CASE OF:	

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110023865 


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 the spelling of his middle name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests correction of his DD Form 214 to show award of the Vietnam Service Medal (VSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), and any additional awards he is authorized.

2.  He states his middle name was accidentally misspelled on his DD Form 214.  

3.  He provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), Veterans Administration Identification Card, social security card, Certificate of Birth, and a Certificate of Birth Registration.  

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.  On 14 December 1967, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 74C (Personnel Accounting Specialist).  

3.  His DD Form 47 (Record of Induction) shows his middle name as "Elxxxxx."  On 14 December 1967, he signed an Acknowledgement of Service Obligation using this spelling of his middle name.

4.  His DA Form 20 shows in:

   a.  Item 31 (Foreign Service) he was credited with service in Vietnam from 7 August 1968 to 16 July 1969.
   
   b.  Item 38 (Record of Assignments) he was assigned to the:

* Adjutant General's Data Processing Unit, U.S. Army Pacific (USARPAC), Fort Shafter, HI, from 2 March to 6 August 1968
* Data Service Center, U.S. Army Vietnam (USARV), from 10 August 1968 to 14 July 1969

5.  On 17 July 1969, he was honorably released from active duty by reason of early release as an overseas returnee.  He completed 1 year, 7 months, and 4 days of total active service.  

6.  His DD Form 214 shows in:

   a.  Item 1 (Last Name - First Name - Middle Name) – the spelling of his middle name as "Eixxxxxx."

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Army Commendation Medal
* Good Conduct Medal

7.  He provides a Certificate of Birth and a Certificate of Birth Registration that show his middle name as "Elxxxxx."  



8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.

	a.  The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

	b.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:  

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

	c.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units during the Vietnam era.  The pamphlet shows the Adjutant General's Data Processing Unit, Headquarters, USARPAC, was cited for award of the Meritorious Unit Commendation (MUC) for the period July 1965 to June 1968, by Department of the Army General Orders (DAGO) Number 55, dated 1968.

10.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units for the period 20 July 1965 to 28 March 1973.








DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows a spelling error was made when the applicant's middle name was entered on his DD Form 214.  He is entitled to correction of his DD Form 214 to show his middle name as it is listed on his DD Form 47.

2.  He completed a qualifying period of service for award of the VSM and served during four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the VSM with four bronze service stars.

3.  His service met the criteria for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He served in the Adjutant General's Data Processing Unit, Headquarters, USARPAC, during a period for which the unit was cited for the MUC, and he served in a subordinate unit of USARV during the period cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 amending his DD Form 214 as follows:

   a.  Correcting item 1 by listing his middle name as it is listed on his 
DD Form 47.
   
   
   
   
   b.  Adding the following awards to item 24:

* VSM with four bronze service stars
* RVN Campaign Medal with Device (1960)
* MUC
* RVN Gallantry Cross with Palm Unit Citation



      _______ _   __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)                                         AR20110023865



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ABCMR Record of Proceedings (cont)                                         AR20110023865



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