IN THE CASE OF:	 

		BOARD DATE:	  3 September 2014

		DOCKET NUMBER:  AR20140001055 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show he was awarded the Purple Heart, and correction of his Purple Heart Certificate to show his last name as Xxxxhxx versus Xxxxlxx.

2.  The applicant states the Department of Veterans Affairs (VA) hospital does not recognize him as a Purple Heart recipient because his last name is misspelled on his Purple Heart Certificate; the fifth letter of his last name is shown as "l" and not "h."  This places him in a lower category for health care.

3.  The applicant provides his DD Form 214 and Purple Heart Certificate.

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 10 June 1969, the applicant was inducted into the Army of the United States.  In conjunction with his induction, he completed a DD Form 398 (Statement of Personal History), wherein he listed the fifth letter of his last name as "h."  

3.  An Armed Forces fingerprint card, dated 10 June 1969, shows his last name with the fifth letter as "h."  His DA Form 20 (Enlisted Qualification Record),  completed upon his entry on active duty, shows the fifth letter of his last name as "h."

4.  His record contains numerous orders, legal, and personnel documents that all show the fifth letter of his last name as "h."

5.  He served in Vietnam as follows:

* from 20 November 1969 to 15 January 1970, assigned to the 2nd Battalion, 47th Infantry
* from 16 January to 10 February 1970, assigned in a patient status to the 249th General Hospital

6.  On 11 February 1970, he was medically evacuated from Vietnam and subsequently assigned in a patient status to the Medical Hold Detachment, Fort Gordon, GA.

7.  On 27 April 1970, he was honorably discharged from the Army by reason of disability with entitlement to severance pay.  His DD Form 214 he was issued at the time shows his last name with the fifth letter as "h."  It also shows he was awarded of authorized the following awards and decorations:

* National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  His DA Form 20 shows:

	a.  Item 40 (Wounds) he was wounded in action on 8 January 1970 by fragment wounds to the back of his legs and no hearing in his left ear. 

	b.  Item 41 (Awards and Decorations) award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  A review of the Vietnam casualty roster shows the applicant was wounded as a result of enemy action on 8 January 1970.  His record is void of orders showing he was awarded the Purple Heart.

10.  He provides a Purple Heart Certificate, issued by the Commander, 3rd Field Hospital, Vietnam on 9 January 1970.  This certificate shows he was awarded the Purple Heart for wounds received in action in Vietnam on 8 January 1970.  On this certificate, the fifth letter of his last name appears as "l." 

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows the applicant participated in one campaign during his service in Vietnam.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 47th Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 20 July 1970 by DA General Order (DAGO) Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 29 July 1969 to 20 July 1970 by DAGO Number 55, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded as a result of enemy action on 8 January 1970.  He provides a Purple Heart Certificate that shows he was awarded the Purple Heart on 9 January 1970 for those wounds.  The Purple Heart is not shown on his DD Form 214; therefore, he is entitled to the correction of his DD Form 214 to show the Purple Heart.

2.  The evidence of record confirms his last name was listed with the fifth letter as "h" upon his induction into the AUS, and this is the last name he used throughout his military service.  It appears a typographical error occurred during the preparation of his Purple Heart Certificate and his last name was inadvertently listed with the fifth letter as "l."  Therefore, he should be issued a new certificate with the correct spelling of his last name.

3.  He participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  His record confirms he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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:

	a.  Issuing the applicant a Purple Heart Certificate with all the information shown on the one he provided (except social security numbers are no longer listed on award certificates) except with his last name spelled as shown on his DD Form 214; 

	b.  Amending his DD Form 214 to delete the Vietnam Service Medal; and

	c.  Amending his DD Form 214 to add the following awards and decorations: 

* Purple Heart
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)





      ___________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)                                         AR20140000630



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ABCMR Record of Proceedings (cont)                                         AR20140001055



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