RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 MAY 2005
DOCKET NUMBER: AR20040005302
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. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Ms. Shirley Powell | |Chairperson |
| |Mr. Patrick McGann | |Member |
| |Ms. Diane Armstrong | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his record be corrected to show award of
the Navy Presidential Unit Citation and the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.
2. The applicant states that the above awards were not authorized until he
left Vietnam and after his discharge.
3. The applicant provides copies of apparently commercial or individually
designed certificates reflecting those awards, and a copy of his DD Form
214 (Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 25 April 1967. The application submitted in this case is
dated 9 August 2004.
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 limitations 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 served in the Army National Guard. In November 1956 he
was ordered to active duty. He enlisted in the Regular Army on 14 May 1957
and reenlisted for 6 years on 26 February 1960. He served in Germany for
two years in 1964 and 1965. In September 1966 he moved with his unit, the
2nd Battalion, 94th Artillery from Fort Sill, Oklahoma, to Vietnam. He
returned to the United States in April 1967 and was discharged at Fort
Lewis, Washington on 25 April 1967.
4. Orders contained in the applicant’s official military personnel file
show that on 27 August 1958 he was awarded the Expert Marksmanship
Qualification Badge with missile bar, on 22 June 1958, the Antiaircraft
Artillery 1st Class Qualification Badge, on 8 August 1965, the Expert
Marksmanship Qualification Badge with rifle bar, and on 13 August 1965, the
Marksman Marksmanship Qualification Badge with pistol bar. None of these
awards are reflected on his DD Form 214.
5. The Unit Citation and Campaign Participation Credit Register shows that
the 2nd Battalion, 94th Artillery was awarded the Navy Presidential Unit
Citation for its actions from 27 November 1966 to 15 September 1967, and
the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its
actions during its service in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Vietnam with the 2nd Battalion, 94th Artillery
during the period when that organization was awarded the Navy Presidential
Unit Citation and the Republic of Vietnam Gallantry Cross Unit Citation
with Palm. He is entitled to those awards.
2. The applicant was awarded the above-mentioned marksmanship
qualification badges. Those awards should be shown on his DD Form 214.
BOARD VOTE:
___SP __ ___PM __ ___DA __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Navy Presidential
Unit Citation, Republic of Vietnam Gallantry Cross Unit Citation with Palm,
Expert Marksmanship Qualification Badge with missile and rifle bars,
Antiaircraft Artillery 1st Class Qualification Badge, and Marksman
Marksmanship Qualification Badge with pistol bar.
_____Shirley L. Powell_______
CHAIRPERSON
INDEX
|CASE ID |AR20040005302 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050503 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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