IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120005837
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 Silver Star Certificate to show his name as "Nxxxxx Vxxxxxx-Rxxxx" (first name and last name) vice "Rxxxx N. Vxxxxxx."
2. The applicant states the certificate contains a typographical error.
3. The applicant provides orders and two certificates.
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 records show he enlisted in the Regular Army (RA) on 27 July 1965 and he held military occupational specialty 91B (Medical Specialist). His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his first name as "Nxxxxx" and his last name as "Vxxxxxx-Rxxxx." This form does not contain a middle name or middle initial. This is the name he used throughout his military service.
3. He served in Vietnam from 19 August 1967 to 19 July 1968 while assigned to the 503rd Infantry, 173rd Airborne Brigade.
4. General Orders Number 479, dated 1 June 1968, issued by Headquarters, I Field Force Vietnam, awarded him the Silver Star for gallantry in action on 12 February 1968.
5. The applicant provides a Silver Star Certificate, dated 7 June 1968, wherein he was awarded the Silver Star for gallantry in action in Vietnam on 12 February 1968. His name is shown as "Rxxxx N. Vxxxxxx."
6. He was honorably released from active duty on 20 July 1968 and transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 24 days of net active service during this period of service.
7. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows the Silver Star.
8. The applicant reenlisted in the RA on 7 August 1968 and he was honorably discharged from active duty on 6 August 1976. He completed 10 years, 11 months, and 24 days of net active service during this period of service.
9. The DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows the Silver Star.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's Silver Star Certificate incorrectly lists his name. Therefore, his certificate should be corrected to show his correct name.
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 issuing the applicant a Silver Star Certificate that shows his first name as "Nxxxxx" and his last name as "Vxxxxxx-Rxxxx."
__________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) AR20120005837
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ABCMR Record of Proceedings (cont) AR20120005837
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