IN THE CASE OF:	  

		BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140015198 


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 the General Orders (GO) and certificate showing award of the Silver Star to show his last name as "Axxln" instead of "Axxlin"
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Silver Star 

2.  The applicant states the correct spelling of his name is "Axxln" not "Axxlin." 

3.  The applicant provides his DD Form 214, GO Number 7467 and a certificate showing award of the Silver Star, and his Honorable Discharge 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.  In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) and listed his last name as "Axxln."  He authenticated this form with his signature using this last name. 

3.  The applicant's records show he was inducted into the Army of the United States on 26 January 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  His DD Form 47 (Record of Induction) listed his last name as "Axxln."

4.  Special Orders (SO) Number 71, issued by Headquarters, U.S. Army Training Center, Air Defense, Fort Bliss, TX, on 12 March 1967, Engineer, Fort Leonard awarded him Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Headquarters, Fort Polk. LA, published the following SO awarding him the following marksmanship Badges: 

* SO Number 093, on 11 April 1967, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* SO Number 120, on 10 may 1967, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  He served in Vietnam from on or about 29 June 1967 to on or about 1 February 1968 and he was assigned to Company D, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division. 

7.  GO Number 7467, issued by Headquarters, 1st Cavalry Division, on 7 July 1968, awarded him the Silver Star for gallantry in action on 3 January 1968.  The GO and resulting certificate listed his last name as "Axxlin." 

8.  He was honorably released from active duty on 17 December 1968 in the rank/grade of sergeant (SGT)/E-5.  He completed 1 year, 10 months, and 22 days of active service.  His DD Form 214 shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart (1st Oak Leaf Cluster) 
* Air Medal
* one overseas service bar
* Combat Infantryman Badge 

9.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in two campaigns:

* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968.
* TET Counteroffensive, 30 January 1968—1 April 1968

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 2nd Battalion, 12th Cavalry from 29 June 1967 to 1 February 1968 in Vietnam, this unit was cited for awards of the: 

* Presidential Unit Citation, for service from 2 January to 12 February 1968, by DAGO Number 42, dated 1970 
* Valorous Unit Award, for service from 1 to 31 October 1967, by DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 9 May 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant listed his last name as "Axxln" upon his induction into the Army of the United States.  This last name is consistent with the last name shown throughout his military service.  It appears the GO and certificate that awarded him the Silver Star inadvertently listed his last name as "Axxlin."  Therefore, he is entitled to amendment of the GO and the issuance of a new certificate that list his last name as "Axxln."  


2.  GO awarded the applicant the Silver Star which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  SO awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled correction of his DD Form 214 to show these badges. 

4.  He was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit in Vietnam was awarded the Presidential Unit Citation, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

6.  He served honorably from 26 January 1967 through 17 December 1968.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* amending General Orders Number 7467, issued by Headquarters, 1st Cavalry Division, on 7 July 1968, to show his last name as it is shown on his DD Form 214
* issuing the applicant a new certificate for award of the Silver Star with the last name as it is shown on his DD Form 214  
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 26 January 1967 through 17 December 1968
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Silver Star 
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar      (.45 Caliber) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation.  



      _______ _   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)                                         AR20140015198





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ABCMR Record of Proceedings (cont)                                         AR20140015198



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