RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 September 2005
DOCKET NUMBER: AR20050004557
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. Michael J. Fowler | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Bernard P. Ingold | |Member |
| |Mr. Michael J. Flynn | |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 records be corrected to show award of
the Army Commendation Medal.
2. The applicant states, in effect, that his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) does not show award of
the Army Commendation Medal.
3. The applicant provides Headquarters, 101st Airborne Division, General
Orders Number 5486, dated 3 July 1971.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 24 January 1972. The application submitted in this case is
dated 14 March 2005.
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 entered the Regular Army on 6 March 1970 and successfully
completed basic training and advanced individual training. He was awarded
military occupational specialty 13B (Field Artillery Crewman).
4. The applicant arrived in Vietnam on 21 July 1970 and departed Vietnam
on 21 July 1971 after being credited with participating in two campaigns.
On 24 January 1972, he was honorably released from active duty and
transferred to the United States Army Reserve Control Group.
5. The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.
6. Headquarters, 101st Airborne Division, General Orders Number 5486,
dated 3 July 1971 shows that the applicant was awarded the Army
Commendation Medal for meritorious service.
7. Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. Evidence of records shows the applicant received the Army Commendation
Medal. His DD Form 214 should be amended to add this award.
2. Evidence of record confirms that the applicant served in Vietnam.
Therefore, he is eligible for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation. His DD Form 214 should be amended to add
this award.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
23 January 1975. The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__JEA___ __BPI __ _MJF ___ 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 Army Commendation
Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
____ James E. Anderholm _
CHAIRPERSON
INDEX
|CASE ID |AR20050004557 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |22 September 2005 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |107.0020.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2007 | 20070001893
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2005 | 20050003375C070206
The applicant requests correction of his records to show awards of the Bronze Star Medal and the Army Commendation Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.
ARMY | BCMR | CY2004 | 20040005660C070208
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 1958 to 28 March 1973. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award; however, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which were not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Adding the Bronze Star...
ARMY | BCMR | CY2007 | 20070000260
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2007 DOCKET NUMBER: AR20070000260 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. The applicant requests correction of his military records to show award of the Bronze Star Medal and the Army Commendation Medal. Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal...
ARMY | BCMR | CY2011 | 20110002704
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and an additional Bronze Star Medal (BSM). Therefore, it would be appropriate to correct his DD Form 214 to show one award of the RVN Civil Actions Honor Medal First Class Unit Citation. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2004 | 20040009660C070208
The applicant requests correction of his records to show award of the Vietnam Service Medal and any other award he is authorized. The evidence of record confirms that the applicant served in Vietnam and so he is eligible for award of the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Campaign Medal with/device 1960. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110008738
His record contains orders showing he was awarded the AM (2nd through 5th Award). His records show he participated in three campaigns while serving in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (First Award) for the period 8 February 1971 through 7 February 1974; b. deleting the VSM with one bronze service star from his DD Form 214; and c. adding the following to his DD Form 214: *...
ARMY | BCMR | CY2002 | 2002070283C070402
Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign in which a member participated while serving in the RVN. The evidence of record confirms that while serving in the RVN, the applicant was awarded the BSM for meritorious achievement for the period June 1971 to February 1972. In addition, the evidence of record confirms that the applicant served a qualifying...
ARMY | BCMR | CY2013 | 20130020352
His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal 6. The applicant served in Vietnam during a qualifying period; therefore, he is also entitled to correction of his DD Form 214 to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding...
ARMY | BCMR | CY2006 | 20060006994C070205
There is no evidence of record which shows the applicant was promoted to specialist five/pay grade E-5 prior to his discharge on 17 February 1972. Although the applicant provided documentation which stated that he was qualified and recommended for promotion to E-5, there are no promotion orders or other evidence of record which shows he was promoted to specialist five/pay grade E-5 prior to his separation on 17 February 1972. The applicant’s service in Vietnam and participation in two...