BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140012345 


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 (Certificate of Release or Discharge from Active Duty) to add any missing awards and correction of his Silver Star orders to show:

* his last name as "Bxxxuot" instead of "Bxxxout"
* his unit as "D5/7 Cav"

2.  The applicant states, in effect, that his name is misspelled on his Silver Star orders and his unit was "D5/7 Cav" only (Company D, 5th Battalion, 7th Cavalry).  He also believes that he is authorized additional awards.

3.  The applicant provides no additional evidence.

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.  Having had prior active duty service, the applicant enlisted in the Regular Army on 28 June 1971 and he served in military occupational specialty 11B (Infantryman).

3.  His DD Form 4 (Enlistment Contract-Armed Forces of the United States) lists his last name as Bxxxuot.

4.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows the following foreign service:

* Korea:

* 1 October 1965 to 1 November 1966
* 1 September 1975 to 2 July 1976
* 13 December 1982 to 14 June 1985
* 1 April 1987 to 31 March 1988

* Germany, 1 December 1966 to 1 April 1967
* Republic of Vietnam (RVN), 14 June 1967 to 13 June 1968
* Panama, 19 June 1978 to 14 March 1980 

5.  During his assignment to the 5th Battalion, 7th Cavalry, the applicant was awarded the Silver Star on two occasions.  His last name is shown as "Bxxxout" on these same orders, issued by Headquarters, 1st Cavalry Division (Airmobile), RVN:

* General Orders Number 195, dated 11 January 1968, awarded the applicant the Silver Star for gallantry in action on 23 October 1967
* General Orders Number 5119, dated 18 June 1968, awarded the applicant Silver Star (First Oak Leaf Cluster) for gallantry in action on 
12 February 1968

6.  He was retired from active duty on 31 July 1991 after completing 
26 years and 27 days of active duty service.  His DD Form 214 lists his last name as "Bxxxuot."  His DD Form 214 shows he was awarded or authorized:

* Silver Star (1st Oak Leaf Cluster)
* Bronze Star Medal with "V" Device
* Purple Heart
* Meritorious Service Medal (1st Oak Leaf Cluster)
* Air Medal 
* Army Commendation Medal (1st Oak Leaf Cluster)
* Army Achievement Medal (1st Oak Leaf Cluster)
* Good Conduct Medal (8th Award)
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal with four Bronze Service Stars
* Army Service Ribbon
* Overseas Service Ribbon with numeral 5
* RVN Campaign Medal
* Valorous Unit Award 
* Meritorious Unit Commendation 
* RVN Cross of Gallantry with Silver Star
* Combat Infantryman Badge
* Expert Marksmanship Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Badge with Pistol Bar (.45 Cal)

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

	a.  Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.  The AFEM is authorized for qualifying service in Korea during the period 1 October 1966 to 30 June 1974.

   b.  Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant request’s his name and unit be corrected on his Silver Star orders and to add any missing awards to his DD Form 214.

2.  His service in Korea meets the criteria for award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal.  He is entitled to correction of his DD Form 214 to show these awards.

3.  His last name is spelled incorrectly on both of his Silver Star orders.  Therefore, his orders should be amended to show the correct spelling of his last name as "Bxxxuot" as shown on his DA Form 2-1 and DD Form 214.  These same orders list his unit of assignment as Company D, 5th Battalion, 7th Cavalry which is equivalent to “D5/7 Cav.”  Thus, there is no apparent error.

4.  In view of the above, he should be granted partial relief.

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.  adding the following awards to his DD Form 214:

* Armed Forces Expeditionary Medal
* Korea Defense Service Medal

	b.  amending General Orders Number 195, dated 11 January 1968 and General Orders Number 5119, dated 18 June 1968, to show the correct spelling of his first name as "Bxxxuot."

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 listing his unit as “D 5/7Cav.”



_________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)                                         AR20140012345





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ABCMR Record of Proceedings (cont)                                         AR20140012345



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