IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130018940 


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 name as S____ M. K_____
* his marksmanship qualification with rifle bar
* his period of overseas service to include the location, duties, and details of this service
* his education level as 12th grade vice 11th grade
* his place of birth as Greenville, AL
* the names of his medals spelled out

2.  The applicant states:

* he has the right to have all of his personal information, accomplishments, and achievements listed on his discharge document (DD Form 214)
* he should be provided a corrected copy of his DD Form 214 that contains the corrected information
* he should be able to use this document to support his eligibility for Department of Veterans Affairs benefits

3.  The applicant provides a DD Form 214 and an Order of Publication - Change of Name.



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.  The applicant's records show he was inducted into the Army of the United States on 21 April 1966.  His DD Form 47 (Record of Induction) shows in:

* item 1 (Name - Last, First, Middle) the entry P_______, M______
* item 11 (Place of Birth) the entry Greenville, AL

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 1 (Name (last, first, middle initial) the entry P_______, M______;
* item 22 (Military Occupational Specialties (MOS)) the entry 61D (Amphibian Operator)
* item 29 (Qualification in Arms) that he qualified as a Sharpshooter with the M-14 Rifle on 8 July 1966
* item 31 (Foreign Service), he served in:

* Okinawa from 28 November 1966 to 5 May 1967 
* Vietnam from 7 June 1967 to 30 April 1968

* item 32 (Civilian Education) the entry 11 years 
* item 38 (Record of Assignments), while in Vietnam, he was assigned to the 14th Transportation Platoon from 13 June 1967 to 19 April 1968 

4.  The applicant's records contain various personnel, medical, and other documents that show the applicant's name as P_______, M______.  None of these documents lists the name that is requested.

5.  Special Orders Number 94, issued by Headquarters, 2d Training Brigade, U.S. Army Training Center, Fort Gordon, GA show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6.  The applicant was honorably released from active duty on 23 April 1968.  The DD Form 214 he was issued shows in:

	a.  item 1 (Last Name-First Name-Middle Name) the name as P_______, M______;

	b.  item 8 (Place of Birth (City, and State or County) the city Washington, DC; 

	c.  item 22c (Foreign and/or Sea Service) U.S. Army Pacific (USARPAC)
1 year, 3 months, and 26 days;

	d.  item 23a (Specialty Number and Title) 61D2O, Amphibian Operator;

	e.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), NDSM (National Defense Service Medal), one Overseas Service Bar, VCM (Vietnam Campaign Medal) and VSM (Vietnam Service Medal); 

	f.  item 30 (Remarks) the entry "YRS CIVILIAN EDUCATION 11." 

7.  The applicant submitted a Superior Court of the District of Columbia, Order of Publication-Change of Name petition that shows the applicant's request to have his name changed to G______ S____ B_______ M_______ K_____ was denied on 17 June 1985.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The applicant participated in the following campaigns:

* Vietnam Counteroffensive, Phase III, (1 June 1967 to 29 January 1968)
* Tet Counteroffensive, (30 January to 1 April 1968)
* Vietnam Counteroffensive, Phase IV, (2 April to 30 June 1968)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  the 14th Transportation Platoon, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period 1 April to 30 September 1967 by Department of the Army General Orders (DAGO) Number 43, dated 1970. 

	b.  DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  This regulation states in:

	a.  item 12 enter last assignment and major command; 

	b.  item 22c enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., USARPAC;

	c.  item 23a enter the Primary MOS code number, title, and date of award; and

	d.  item 24 enter decorations, etc., awarded or authorized during period covered by the DD Form 214. 

11.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states to list all federally recognized awards and decorations for all periods of service.  Do not use abbreviations.
	
12.  Army Regulation 635-5, in effect at the time, states to indicate Indochina and Korea service on or after 5 August 1964, enter inclusive dates for Vietnam and indicate "Yes" or "No" for service in Indochina and Korea.  For example, to show service in Vietnam only, enter "Vietnam - 6 Apr 70 through 28 May 71, Indochina - Yes, Korea - No."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to have the legal name change recorded in the military records is noted and understood.  However, there is an insufficient evidentiary basis to grant the requested relief.  

2.  The applicant enlisted, served, and was separated from the Army in the name that is recorded in the military records.  The fact that subsequent to service the applicant requested a name change, which was denied, does not provide sufficiently mitigating basis for changing the information recorded in the military records, which were correct at the time the applicant performed military service.  

3.  Special orders show the applicant qualified sharpshooter with the M-14 Rifle and awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

4.  Since the applicant's record is being corrected to add additional awards to his DD Form 214, no harm is done by applying modern standards and spelling out the abbreviations for the National Defense Service Medal, one Overseas Service Bar, Republic of Vietnam Campaign Medal with "1960" Device, and Vietnam Service Medal.

5.  The applicant participated in three campaigns during his service in Vietnam that entitles him three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with three bronze service stars.

6.  There is no evidence of record nor did the applicant submit any evidence which shows he completed the 12th grade prior to his release from active duty. Therefore, he is not entitled to have his DD Form 214 corrected to show this entry. 

7.  Evidence of record shows he served in USARPAC-Okinawa from 
28 November 1966 to 5 June 1967, a period of 5 months and 7 days and USARPAC-Vietnam from 7 June 1967 to 30 April 1968, a period of 10 months and 23 days.  Therefore, item 22c of his DD Form 214 should be corrected to show 1 year and 4 months.

8.  Based on his service in Vietnam, he is also entitled to correction of item 30 of his DD Form 214 to show he served in Vietnam from 7 June 1967 - 30 April 1968.

9.  Evidence of record shows the applicant's place of birth is Greenville, AL.  Therefore his DD Form 214 should corrected to show Greenville, AL.

10.  Army Regulation 635-5 (in effect at the time) did not provide for the inclusion of the duties and details of overseas service on the DD Form 214.  Therefore, he is not entitled to have his DD Form 214 corrected to show his these items.



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.  deleting from item 8 of his DD Form 214 the current entry and replacing it with the entry Greenville, AL; 

	b.  deleting from item 24 of his DD Form 214 the current entries and replacing them with the entries:

* National Defense Service Medal
* one Overseas Service Bar
* Republic of Vietnam Campaign Ribbon with "1960" Device
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

	c.  adding to item 30 of his DD Form 214 the entry "Vietnam - 7 June 1967 through 30 April 1968, Indochina - Yes, Korea – no."

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 changing the applicant's 





military records, to include the DD Form 214, to reflect the name change, the duties and details of his overseas service, and that he attended and/or completed the 12th grade.



      ___________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)                                         AR20130018940



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018940



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1