IN THE CASE OF:	  

		BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130017967 


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 middle name as "Hyatt" vice "Hyett"
* Bronze Star Medal with "V" Device (2nd Award)
* Republic of Vietnam Gallantry Cross with Bronze Star
* Combat Infantryman Badge

2.  He states he did not realize his DD Form 214 contained administrative errors until a representative from the Department of Veterans Affairs pointed them out within the last year and advised him to get them corrected.  

3.  The applicant provides copies of his birth certificate, DD Form 214, orders for award of the Bronze Star Medal and the Bronze Star Medal with "V" Device, and an Authorization for Individual Foreign Award (Gallantry Cross with Bronze Star).

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 12 February 1968, the applicant was inducted into the Army of the United States.  His induction paperwork shows the middle name "Hyett" and it also shows that he signed his name with the middle name "Hyett" on an Acknowledgement of Service Obligation form.  

3.  A review of his military record consistently shows he used the middle name "Hyett" throughout his period of service.  There are no records which show the use of the middle name "Hyatt."

4.  The applicant provided a birth certificate which shows his middle name spelled as "Hyatt."

5.  His DA Form 20 (Enlisted Qualification Record) shows the applicant served in the Republic of Vietnam during the period 21 July 1968 through 17 September 1969 and was assigned to Company A, 1st Battalion (Airborne), 502nd Infantry, 101st Airborne Division.  

6.  His record contains Special Orders Number 237, dated 24 August 1968, that awarded the applicant the Combat Infantryman Badge.  

7.  The applicant provided General Orders Number 4563, dated 12 May 1969, issued by Headquarters, 101st Airborne Division that awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force for the period 1 August 1968 to 31 March 1969.

8.  He also provided General Orders Number 5176, dated 23 May 1969, issued by Headquarters, 101st Airborne Division showing he was awarded the Bronze Star Medal with "V" Device for heroism against a hostile force while serving in the Republic of Vietnam on 4 April 1969.

9.  The applicant provided a document, dated 21 October 1969, that shows he is authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star as an individual award.

10.  He was honorably released from active duty on 19 September 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve service obligation.  

His DD Form 214 shows the following decorations and awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Air Medal
* Bronze Star Medal

11.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal.  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all “excellent” ratings in conduct and efficiency. 

12.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  

	a.  This pamphlet shows the 1st Battalion (Airborne), 502nd Infantry, 101st Airborne Division received the following unit awards during the applicant's period of service in Vietnam:

* Valorous Unit Award (VUA) by Department of the Army General Orders (DAGO) Number 2, dated 1971
* two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 21, dated 1969 and DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971

	b.  It also states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  
14.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal for service and the Bronze Star Medal with "V" Device for heroism.  As a result, it would be appropriate to amend his DD Form 214 to show the Bronze Star Medal with "V" Device (2nd Award).

2.  Special orders awarded him the Combat Infantryman Badge and as such, he is entitled to have this award added to his DD Form 214.

3.  The applicant was also authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star as a personal decoration.  Therefore, he is entitled to addition of this award to his DD Form 214. 

4.  He served honorably from 12 February 1968 through 19 September 1969 and received all “excellent” ratings in conduct and efficiency.  As a result, he is entitled to the first award of the Army Good Conduct Medal and addition of this award to his DD Form 214. 

5.  General orders awarded his unit the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The applicant was awarded the Vietnam Service Medal and he served in Vietnam during four campaigns; therefore, he is entitled to correction of his 
DD Form 214 to show this award with four bronze service stars.

7.  The applicant's records clearly show that he served using the middle name "Hyett" not "Hyatt" as he has requested.  

8.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that the applicant desires to record the name he now uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of his DD Form 214.

9.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference between the middle name recorded on his DD Form 214 and the name he now uses.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
12 February 1968 through 19 September 1969;

	b.  deleting from his DD Form 214 the Bronze Star Medal and Vietnam Service Medal;

	c.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device (2nd Award)
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Valorous Unit Award
* two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented is 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 his request to change his middle name.  



      _____________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)                                         AR20130017967



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ABCMR Record of Proceedings (cont)                                         AR20130017967



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