PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 February 2002
	DOCKET NUMBER:   AR2001061093

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to reflect his correct last name and to show that he was awarded the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that his records have his last name spelled incorrectly and he was advised by his recruiter to wait until his discharge to get it corrected.  He goes on to state that his records show the last two letters of his last name spelled “ol”, when in fact it should be three letters spelled “all”.  He also states that he was awarded the BSM for his service in Vietnam; however, it was never entered on his report of separation (DD Form 214).  In support of his application he submits a copy of his birth certificate and a copy of his BSM Certificate. 

4.  The applicant’s military records show that he enlisted in Raleigh, North Carolina on 4 January 1967 for a period of 2 years.  At the time of his enlistment he indicated that his last name was spelled with the last two letters of “ol” and that his date of birth (DOB) was.  His address at the time was in Bayboro, North Carolina in the county of Pamlico.  He indicated that his mother’s first name was “Madeline” and his father’s first name was “Sulton”.

5.  He completed his training and was transferred to Vietnam on 4 June 1967, for duty as a light weapons infantryman.  He was assigned to Company A, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division.  He was promoted to the pay grade of E-5 on 9 May 1968.  He was awarded the Combat Infantryman Badge (CIB) on 8 November 1967 and was awarded the Purple Heart for a wound to the right knee on 30 January 1968.

6.  He departed Vietnam on 4 June 1968 and was transferred to Fort Benning, Georgia, where he remained until he was honorably released from active duty on 18 December 1968.  He had served 1 year, 11 months and 15 days of total active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the CIB and the Purple Heart.  He was subsequently authorized the Republic of Vietnam Gallantry Cross with Palm (RNVGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM – FC) Unit Citation; however, there is no indication in the available records to show that it was ever entered in his records. 

7.  The birth certificate provided by the applicant shows that he was born in the county of Pamlico in Bayboro, North Carolina on 23 January 1948, to parents named Sulton and Madeline.  The birth certificate shows the last three letters of his last name as ending in “all” instead of “ol”, as reflected in his military records.

8.  The BSM Certificate provided by the applicant indicates that the applicant was awarded the BSM on 7 June 1968, for meritorious achievement while serving in the pay grade of E-5 in the 9th Infantry Division during the period of 16 June 1967 to 4 June 1968.  A review of the applicant’s records failed to produce a copy of the orders awarding him the BSM.

CONCLUSIONS:

1.  The Board finds that the birth certificate provided by the applicant is sufficient evidence to show that his last name and DOB are incorrectly reflected in his records.  Accordingly, his last name should be corrected by deleting the “last two letters of “ol” from his last name and replacing them with the letters “all.”  Additionally, his DOB should be corrected to reflect instead of, as currently reflected in his records. 

2.  Although there are no orders in the applicant’s records to show that he was awarded the BSM, the Board finds that the information contained on the BSM Certificate provided by the applicant contains credible information regarding his rank, unit and period of service in Vietnam.  Therefore, it is reasonable to presume that he was in fact awarded the BSM and an administrative error resulted in the BSM not being added to his records.

3.  Likewise, the applicant was also authorized awards of the RVNGC w/Palm Unit Citation and RVNCAHM –FC Unit Citation that were not included in his records.  Accordingly, the Board finds that it would be in the interest of justice to do so at this time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected:

a.  by correcting the records of the individual concerned to show that instead of his last name ending in “ol”, it ends in “all”, that his DOB is 8: and 

	b.  by showing that he was awarded the BSM, the RVNGC w/Palm Unit Citation and the RVNCAHM – FC Unit Citation.

BOARD VOTE:  

___gp___  ___mm__  ___tap __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____George D. Paxson_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001061093	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  2	100.0100/NAME CHG	
2.  60	107.0014/BSM	
3.  140	107.0094/RVNGC	
4.  141	107.0095/RVNCAHM	
5.		
6.