Mr. Carl W. S. Chun | Director | |
Ms. Gale J. Thomas | Analyst |
Mr. Fred N. Eichorn | Chairperson | |
Mr. John P. Infante | Member | |
Ms. Karen A. Heinz | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show he was promoted to pay grade E-5.
2. The applicant states that after being in Vietnam for two weeks he was assigned to the M-60 machine gun, putting him in an E-5 slot, that he was a team leader and carried the M-60 nearly three months until he was wounded in combat.
3. The applicant provides no evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 4 November 1968. The application submitted in this case is dated 2 May 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 enlisted in the Regular Army on 11 April 1967, for a period of 2 years. He completed basic combat training at Fort Benning, Georgia, and advanced individual training at Fort Gordon, Georgia. He served in Vietnam from November 1967 to February 1968, approximately 3 ½ months.
4. He was promoted to the pay grades of E-2, E-3 and E-4 on 11 August 1967,
9 November 1967, and 7 June 1968, respectively.
5. On 25 January 1968, while serving in Vietnam, the applicant sustained a wound to his left leg, and was returned to Ireland Army Hospital, Fort Knox, Kentucky on 12 February 1968.
6. On 4 November 1968, as a result of his injury, the applicant was found unfit for military service and permanently retired under the provisions of Army Regulation 635-40, with a combined disability rating of 80 percent. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he had 1 year, 6 months and 20 days of creditable service.
7. Army Regulation 600-200, Chapter 7 (Promotion and Reduction), in effect at the time, prescribed policies and procedures governing the promotion of Army enlisted personnel. It provided in pertinent part, that promotion to Sergeant (SGT) was made against promotion quota allocations established by Headquarters, Department of the Army. Eligibility requirements included a recommendation from the soldier’s unit commander, which begins the promotion process. Additional requirements included time in grade and time in service requirements as well as local board appearance.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the applicant’s available records nor did he provide documentation to show that he was recommended for promotion to E-5.
2. The fact that an individual is assigned an M-60 machine gun is no evidence of being in an E-5 slot, or of being recommended for promotion to E-5.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 November 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
3 November 1971. 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
__FNE __ __JPI ___ __KAH__ DENY APPLICATION
CASE ID | AR2003090836 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20040205 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 131.00 |
2. | |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2004 | 2004106852C070208
The applicant requests, in effect, that his record be corrected to show award of the Purple Heart (PH) and all additional medals that he is authorized. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July...
ARMY | BCMR | CY2002 | 2002082304C070215
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by showing he was awarded the Combat Infantryman Badge (CIB). The applicant’s military records show that he was inducted into the Army of the United States on 25 October 1967. The applicant served in Vietnam in an Infantry MOS (11F) and participated in action with the enemy for which he received an Army Commendation Medal, and is entitled to award of the Combat...
ARMY | BCMR | CY2008 | 20080000862
He goes on to state that he was lead to believe that he would be sent to Fort Gordon, Georgia for the training he had reenlisted for; however, he was instead sent to Fort Knox, Kentucky to undergo advanced individual training (AIT) as an armor crewman. On 22 November 1971, the applicant was honorably discharged from the United States Army Reserve (USAR) in the rank of SP4 and was issued an Honorable Discharge Certificate to that effect. Therefore, the Board determined that the overall...
ARMY | BCMR | CY2014 | 20140004453
Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2010 | 20100026426
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show the Expert Marksmanship Qualification Badge with Machine Gun Bar, Vietnam Service Medal with four bronze service stars, Army Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100015883
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 May 1968 to add: * Army Good Conduct Medal * Vietnam Service Medal with two of three bronze service stars * Combat Infantryman Badge * Marksmanship Qualification Badge (M-60 Machine Gun) * Army Commendation Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation *...
ARMY | BCMR | CY2014 | 20140020088
The applicant states his service record should show his service in Vietnam. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal; and c. Item 30 does not show he served in Vietnam; however, it shows he served in USAREUR from 28 July 1961 to 15 July 1964; USARPAC from 30 September 1965 to 1 September 1966; and USAREUR from 30 November 1967 to 26 November 1968. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100012360
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a correction to his DD Form 214 adding: * CIB * Vietnam Service Medal with four bronze service stars * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship...
ARMY | BCMR | CY2003 | 2003086920C070212
The applicant requests, in effect, that his records be corrected to reflect award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a "commendation medal," and two Bronze Star Medals, one for valor. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 28 July 1969. Unfortunately, there is no evidence, and the applicant has not provided any, which confirms he was ever recommended for, or awarded that decoration.
ARMY | BCMR | CY2015 | 20150003391
His DA Form 20 shows in: * item 31 (Foreign Service), he served a tour of duty in the Republic of Vietnam (RVN) beginning on 2 December 1967 * item 38 (Record of Assignments), he was assigned to * Company C, 3rd Battalion (Airborne), 187th Infantry from 4 December 1967 to 19 December 1967 * Headquarters and Headquarters Company, 3rd Battalion, 187th Infantry, from 20 December 1967 to 26 December 1968 * item 41 (Awards and Decorations) * National Defense Service Medal (NDSM) * Vietnam...