| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Ms. Yolanda Maldonado | Member | |
| Mr. James E. Anderholm | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Report of Transfer or Discharge) show his pay grade as E-5.
2. The applicant states that he was promoted to E-5 prior to his separation.
3. The applicant provides a copy of a recommended list for promotion to E-5 dated 16 September 1970.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error, which occurred on 28 December 1971, the date of his separation. The application submitted in this case is dated 21 March 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military records show that he entered active duty on 23 June 1969 and completed training as a wheeled vehicle mechanic. He served in Vietnam from 11 November 1969 through 26 October 1970. He had been promoted to pay grade E-4 effective 14 December 1969.
4. Effective 20 April 1971 the applicant was reduced to the pay grade of E-3 for misconduct. There is no evidence of record that shows he was ever promoted again above the pay grade of E-3. Effective 28 December 1971 he was separated from active duty in the grade of E-3 and transferred to the Army Reserve.
5. The applicant submits a copy of a recommended list for promotion, dated 16 September 1970, which shows his name as recommended for promotion to specialist five with 493.5 promotion points. There is no evidence of record to show that he was ever promoted to that grade.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that the highest grade the applicant was ever promoted to was E-4 on 14 December 1969. Effective 20 April 1971 he was reduced to pay grade E-3 where he remained for the remainder of his service.
2. There is no evidence of record to show that the applicant was ever promoted to specialist five as listed on the recommended list for promotion.
3. Records show the applicant should have discovered the error or injustice now under consideration on 28 December 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 December 1974. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ro___ ___ym___ ___ja____ DENY APPLICATION
| CASE ID | AR2003088649 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031218 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002069035C070402
He reenlisted on 13 October 1969 and was transferred back to Vietnam on 18 May 1970. The evidence of record is sufficient to show that the applicant sustained a shrapnel wound to the right hand on 27 November 1968 and was treated by medical personnel at that time. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds received in Vietnam on 27 November 1968, while serving in the rank...
ARMY | BCMR | CY2003 | 2003086806C070212
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. He further states that he was told that his recommendation for award of the Purple Heart was misrouted and he never received it. The Board finds that here is sufficient evidence to show that the applicant was wounded on 6 July 1970, while serving as an infantryman in Vietnam and that the wound was documented...
ARMY | BCMR | CY2001 | 2001061140C070421
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. He had served 1 year, 9 months and 29 days of total active service and was awarded the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal. Although the applicant has provided evidence to show that he was treated for cellulitis of the right hand, he contends that he was...
ARMY | BCMR | CY2003 | 2003088443C070403
His DD Form 214, dated 23 July 1970, does not show the Purple Heart as an authorized award. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of...
ARMY | BCMR | CY2001 | 2001066176C070421
A review of the applicant’s records fails to show any indication that the applicant was ever wounded/injured or ever treated for any such wounds/injuries while on active duty. The available evidence of record found in this case fails to indicate that the applicant was wounded/injured as a result of enemy action, that he was treated by medical personnel, and that such treatment was made a matter of official record. In view of the foregoing, the applicant’s records should be corrected as...
ARMY | BCMR | CY2001 | 2001061902C070421
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. Department of the Army Pamphlet 672-3 shows that the 5 th Battalion, 2d Artillery was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 2 December 1966 – 15 January 1971. The evidence of record shows the applicant was awarded the ARCOM with V device but it is not listed on...
ARMY | BCMR | CY2003 | 2003089433C070403
There are no medical treatment records on file and the applicant has failed to provide any evidence to show he was ever treated for a lower back injury while serving in the RVN, or that he was ever wounded or injured in action. The evidence of record shows that at the latest, the applicant should have discovered the PH error or injustice now under consideration on the date of his separation, 9 April 1971; therefore, the time for him to file a request for correction of his record regarding...
ARMY | BCMR | CY2003 | 2003085239C070212
There is no evidence in his records to show that he was ever awarded the Purple Heart. Although the available records contain no evidence to show that he was ever awarded the Purple Heart, the evidence of records clearly shows that he is entitled to the award of the Purple Heart. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the GCMDL for his service from 27 March 1968 through 14 March 1970.
ARMY | BCMR | CY2001 | 2001065727C070421
The applicant states that he did not realize that the Purple Heart was not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The evidence confirms the applicant was wounded as a result of hostile action while in Vietnam and as such is entitled to an award of the Purple Heart. The applicant completed a qualifying period of service for award of the Good Conduct Medal on 7 July 1972 and the Board finds no basis to deny him the award for the period 18...
ARMY | BCMR | CY2002 | 2002081518C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record confirms that the highest rank and pay grade the applicant attained and held while serving on active duty was SFC/E-7. Further, given the applicant’s record also gives no indication that he was ever selected for, promoted to, or held a higher rank and pay grade while serving on active duty.