RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 SEPTEMBER 2005
DOCKET NUMBER: AR20050000015
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:
| |Mr. Shirley Powell | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Ms. Jeanette McCants | |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 Bronze Star Medal.
2. The applicant states that he received the award after he was
discharged.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge), a copy of a Bronze Star Medal citation, and a copy of a Bronze
Star Medal certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 16 December 1970. The application submitted in this case
is dated 15 December 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’s DD Form 214 shows that he entered on active duty on
18 March 1968 and served in Vietnam with the 2nd Battalion, 17th
Artillery from January 1970 to December 1970. He was released from active
duty at Fort Lewis, Washington on 16 December 1970 in pay grade E-5.
4. The applicant participated in three campaigns during his tour of duty
in Vietnam and the 2nd Battalion, 17th Artillery was awarded the Republic
of Vietnam Gallantry Cross Unit Citation with Palm for its actions while
the applicant was assigned to that organization.
5. The applicant’s DD Form 214 does not show award of the Bronze Star
Medal. It does show award of the Vietnam Service Medal but in so doing does
not credit him with participation in three campaigns.
6. The citation and the award certificate that he submits with his request
indicates that he was awarded the Bronze Star Medal on 4 January 1971 for
meritorious service from 26 January 1970 to 25 January 1971, an obvious
error as the applicant had been released from active duty on 16 December
1970. The certificate indicates that the award was authenticated by
Brigadier General Thomas J. McGuire, Commander of the I Field Force
Artillery in Vietnam. The certificate reflects the imprinted signature of
Stanley R. Resor, then the Secretary of the Army.
DISCUSSION AND CONCLUSIONS:
1. While there are no orders in the applicant’s available records awarding
him the Bronze Star Medal, the award certificate is signed by the
appropriate commander and reflects the imprinted signature of the correct
Army Secretary. The period of achievement, except for the obvious
erroneous ending date, coincides with the applicant’s dates of service in
Vietnam. In the absence of orders, or evidence to the contrary, the Board
accepts the applicant’s award certificate and citation as authentication of
entitlement to award of the Bronze Star Medal and in the interest of
justice concludes it would be appropriate to add the award to his
separation document.
2. The applicant participated in three campaigns during his tour of duty
in Vietnam. He is entitled to award of the Vietnam Service Medal with
three bronze service stars (one for each campaign).
3. The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.
BOARD VOTE:
__SP ___ ___RD __ __JM ___ 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 Bronze Star
Medal, Vietnam Service Medal with three bronze service stars, and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.
______Shirley Powell_______
CHAIRPERSON
INDEX
|CASE ID |AR20050000015 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050913 |
|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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