IN THE CASE OF: BOARD DATE: 6 December 2023 DOCKET NUMBER: AR20230005524 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 July 1969 to show the spelling of his first name as shown on his birth certificate. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * State Certificate of Live Birth * State Driver's License * U.S. Passport FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his DD Form 214 should reflect the spelling of his first name as shown on his birth certificate. 3. He was inducted into the Army of the United States on 15 December 1967. His DD Form 47 (Record of Induction) shows the spelling of his first name as . 4. Armed Forces Examining and Entrance Station Roanoke, Roanoke, VA, Special Orders Number 245, 15 December 1967, inducted him into the Army of the United States in the grade of private/E-1 on 15 December 1967. The spelling of his first name is shown as . 5. A review of his military records revealed all applicable documents contain the spelling of his first name as and he authenticated those documents with his signature showing the spelling of his first name as . 6. He was honorably released from active duty on 29 July 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 7 months, and 15 days of total active service. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his first name spelled as . 7. U.S. Army Reserve Components Personnel and Administrative Center Letter Orders Number 11-1302629, 21 November 1973, honorably discharged him from the U.S. Army Reserve effective 1 December 1973. The standard name line in these orders shows the spelling of his first name as . 8. He provided copies of his birth certificate, driver's license, and U.S. Passport showing the spelling of his first name as . 9. A review of the applicant’s service record contains sufficient evidence to support he is eligible for awards that are not annotated on his DD Form 214 for the period ending 29 July 1969. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board, to show in block 24. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested first name during his entire period of service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The Board recommended the applicant seek assistance through the social security administration (SSA) office for correction of his first name in order for them to merge the records for with the two different first name spellings as well as notify the department of veteran affairs of the correction. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the first name recorded in his military records and to satisfy his desire to have his legal first name documented in his military records. 3. The Board, during deliberation determined the applicant’s service record did not reflect he was awarded the Army Good Conduct Medal (1st Award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 15 December 1967 to 29 July 1969. Based on this the Board granted partial relief for correction of the applicant’s record to award the Army Good Conduct Medal. 4. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 15 December 1967 to 29 July 1969 and adding the medal to his DD Form 214 for the period ending 29 July 1969. 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 show the spelling of his first name as shown on his birth certificate. 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. ADMINISTRATIVE NOTES: A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 29 July 1969. As a result, amend his DD Form 214 by adding: * Vietnam Counteroffensive Phase IV * Vietnam Counteroffensive Phase V * Vietnam Counteroffensive Phase VI * TeT 69 Counteroffensive 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation Add – four bronze service stars to the already awarded Vietnam Service Medal ? REFERENCES: 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separation Documents), 23 January 1967 and in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. b. The specific instructions for item 1 stated to enter the last name, first name, and full middle name or names, if any. 4. AR 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States based on their qualifying service in Vietnam after 3 July 1965 through 28 March 1973; a bronze service star will be awarded for wear on the Vietnam Service Medal for the Soldier’s participation in each recognized campaign, including: * Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) * TeT 69 Counteroffensive (23 February 1969 to 8 June 1969) 5. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) shows, per Department of the Army General Order (DAGO) Number 8, dated 1974, all units that served in Vietnam received the Republic of Vietnam Gallantry Cross with Palm Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230005524 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1