IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170006806 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170006806 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. awarding him the Army Good Conduct Medal (1st Award) for the period 21 November 1967 through 15 October 1969; b. deleting the following awards from his DD Form 214: * Bronze Star Medal * Vietnam Service Medal c. adding the following awards to his DD Form 214: * Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 2. The Board further determined 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 correction of his DD Form 214 to show his name as E____ C____ P____. _____________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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170006806 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) to show: a. his name as E____ C____ P____ and b. award of the Bronze Star Medal with "V" Device. 2. The applicant states: a. his name is no longer C____ R____ P____ and b. he was awarded the Bronze Star Medal with "V" Device on 2 August 1969. 3. The applicant provides: * DD Form 214 * State of California County of Santa Clara Declaration of Legal Name Change, dated 11 June 1976 * social security card * Headquarters, 1st Infantry Division, General Orders Number 8035, dated 2 August 1969 * Bronze Star Medal Certificate * photocopy of his framed Bronze Star Medal, Bronze Star Medal Citation, Bronze Star Medal Certificate, and photograph showing him being awarded the Bronze Star Medal 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 was inducted into the Army of the United States on 21 November 1967 under the name C____ R____ P____. 3. His records show he served in the Republic of Vietnam from 23 October 1968 through 10 October 1969 and participated in four campaigns. 4. He provided Headquarters, 1st Infantry Division, Vietnam, General Orders Number 8035, dated 2 August 1969, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 12 May 1969. 5. Headquarters, 1st Infantry Division, Vietnam, General Orders Number 9828, dated 4 September 1969, awarded him the Air Medal. 6. Headquarters, 1st Infantry Division, Vietnam, General Orders Number 11184, dated 22 September 1969, awarded him the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious service in the Republic of Vietnam during the period October 1968 through October 1969. 7. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 1 (Name – Last, First, Middle Initial), his name as P____, C____ R.; b. item 29 (Qualification in Arms), he qualified with the following weapons as indicated: * M-14 rifle – Sharpshooter * M-60 machine gun – 1st Class Gunner (now known as Sharpshooter) * M-16 rifle – Marksman c. item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his service; d. item 41 (Awards and Decorations), he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Air Medal * Bronze Star Medal with 1st Oak Leaf Cluster * two overseas service bars 8. All of the documents in his military records show his name as C____ R____ P____. 9. He was honorably released from active duty on 15 October 1969. His DD Form 214 shows in: a. item 1 (Last Name – First Name – Middle Name), his name as P____, C____ R____; b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal 10. Department of the Army General Orders Number 8, dated 19 March 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 11. He provided a State of California County of Santa Clara Declaration of Legal Name Change, dated 11 June 1976, showing he legally changed his name from C____ R____ P____ to E____ C____ P____ on 11 June 1976. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The instructions for item 24 stated to enter decorations, etc., awarded or authorized during period covered by the DD Form 214 from the DA Form 20, omitting authorities cited therein. DISCUSSION: 1. He was awarded the Bronze Star Medal with "V" Device and the Bronze Star Medal with 1st Oak Leaf Cluster. His DD Form 214 shows award of one Bronze Star Medal with neither "V" Device nor 1st Oak Leaf Cluster. 2. He was awarded the Air Medal. This award is not shown on his DD Form 214. 3. He served honorably during the period 21 November 1967 through 15 October 1969, a period of more than 1 year, ending with his release from active duty. He received ratings of "excellent" for conduct and efficiency throughout his service. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. He met the eligibility criteria for the first award of the Army Good Conduct Medal. 4. Based on his service in Vietnam and participation in four campaigns, he is authorized four bronze service stars with his award of the Vietnam Service Medal. His DD Form 214 does not show these bronze service stars. 5. All U.S. Army units serving in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not show this unit award. 6. His records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not show these marksmanship qualification badges. 7. The evidence of record shows he was inducted into the Army of the United States under the name C____ R____ P____. His records show he consistently used this name throughout his military service. He provided a declaration of legal name change showing his name was legally changed in 1976, 7 years after his release from active duty. 8. For historical purposes, the Army has an interest in maintaining the accuracy 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 a change to those records. In this case, there is no evidence indicating the applicant served under a name other than that shown on his DD Form 214. 9. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded on his DD Form 214 and the name he now uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006806 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170006806 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2