IN THE CASE OF:  
      

		BOARD DATE:  27 January 2015	  

		DOCKET NUMBER:  AR20140008555 


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) as follows: 

* change his last name from "Alaj" to "Amai" (i.e., Alai)
* change date of induction from "5 January 6" to "5 January 1961"
* add award of the Vietnam Service Medal, Vietnam Campaign Medal, and National Defense Service Medal

2.  The applicant states his birth name is "M---- E. Amai" and he was inducted on 6 January 1961.  He served in Vietnam but never received any awards or decorations. 

3.  The applicant provides:

* Letter from the National Personnel Records Center
* DD Form 214
* State driver license
* Social security card
* Department of Veterans Affairs (VA) card
* Club card

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 5 January 1961.  His DD Form 47 (Record of Induction) listed his last name as "Alaj" (the letter "j" is the fourth alphabet). 

3.  His DA Form 24 (Service Record) (and subsequent DA Form 20 (Enlisted Qualification Record)) which were created upon his entry on active duty also listed his last name as "Alaj." 

4.  He served in the U.S. Army Pacific (USARPAC), Saigon, from on or about 
29 April to 15 December 1962.  He was assigned to the 178th Signal Company, 39th Signal Battalion. 

5.  He was honorably released from active duty on 21 December 1962 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations.  His DD Form 214 shows in:

* Item 1 (Last Name-First Name-Middle Name) - his last name as "Alaj"
* Item 16 (Date Inducted) - "5 Jan 6" (5 January 1961)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Expert Marksmanship Qualification Badge with Rifle Bar

6.  The applicant provides: 

	a.  State driver license, club card, social security card, and VA card that list his last name as "Alai." 

	b.  Letter from the National Personnel Records Center addressing him with the last name as "Alai." 

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

	c.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

	d.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes designated U.S. military operations of assistance to Vietnam from 1 July 1958 to 3 July 1965.

	e.  Individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the last name: 

	a.  The evidence of record shows the applicant used the last name "Alaj" upon his induction into the AUS.  This last name is consistent with the last name on all official military records throughout his military service.  He authenticated several forms that contain this last name.  He did not use the requested last name during his military service.  

	b.  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 the applicant desires to now record a different last name and in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.
  
	c.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his last name.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

2.  With respect to the date of induction, the applicant was inducted into the AUS on 5 January 1961.  His DD Form 214 inadvertently listed an incorrect date of entry.  Therefore, he is entitled to correction of his DD Form 214 to show the correct date of entry. 

3.  With respect to the awards and decorations: 

	a.  He served on active duty from 5 January 1961 to 21 December 1962.  The National Defense Service Medal was authorized/awarded for honorable active service between1 January 1961 and 14 August 1974.  Therefore, he served a qualifying period for award of the National Defense Service Medal and should be entitled to its listing on his DD Form 214. 

	b.  The Vietnam Service Medal was authorized for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  He did not serve in Vietnam during the qualifying period of service.  Therefore, he is not entitled to this award or its listing on his DD Form 214. 

	c.  However, his service in Vietnam qualifies him for award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.  (It is noted here that now that he is authorized the Armed Forces Expeditionary Medal, he may request the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, if he so desires.)

	d.  He served in USARPAC-Saigon from on or about 29 April 1962 to on or about 15 December 1962.  The Republic of Vietnam Campaign Medal with Device (1960) was authorized for service in Vietnam for 6 months or during the period 1 March 1961 through 28 March 1973.  Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and should be entitled to its listing on his DD Form 214. 

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:

* deleting from item 16 the existing entry and adding the entry 5 January 1961
* adding to item 26 the National Defense Service Medal, Armed Forces Expeditionary Medal, and Republic of Vietnam Campaign Medal with Device (1960)

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 his last name from "Alaj" to "Alai" and adding the Vietnam Service Medal. 



      _______ _   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)                                         AR20140008555



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008555



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1