IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003713
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 Purple Heart orders to show his last name spelled as "Sxxnxx."
2. The applicant states his last name is incorrectly spelled as "Sxxmxx."
3. The applicant provides a copy of his Purple Heart orders.
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 applicants 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 applicants 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or
destroyed in that fire. However, a reconstructed record contains sufficient documentation and evidence provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's available military record shows he enlisted in the Regular Army on 22 April 1949 for 3 years.
4. General Orders Number 240 issued by Headquarters, Osaka Army Hospital, on 7 November 1950, awarded him the Purple Heart for wounds received as a result of enemy action in Korea on 1 November 1950. The orders show his last name spelled as "Sxxmxx."
5. He was discharged on 22 February 1954 at the expiration of his term of service. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows his last name spelled as "Sxxnxx." This form also lists the Purple Heart and shows he was wounded in Korea on 1 November 1950.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Purple Heart for wounds received as a result of enemy action on 1 November 1950 in Korea. The orders show his last name spelled "Sxxmxx" and not "Sxxnxx."
2. In view of the circumstances in this case, he is entitled to have his Purple Heart orders, dated 7 November 1950, corrected to show his last name spelled the same as shown on his DD Form 214, "Sxxnxx."
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
correcting the applicant's Purple Heart orders to show his last name spelled the same as on 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) AR20120003713
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ABCMR Record of Proceedings (cont) AR20120003713
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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