RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 November 2005
DOCKET NUMBER: AR20050004748
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 |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Lester Echols | |Chairperson |
| |Mr. John Denning | |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant states, in effect, the error may have occurred when the
DD Form 214 was typed.
3. The applicant provides a citation for the Army Commendation Medal and a
copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
8 October 1969. The application submitted in this case is dated 17 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 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 was ordered to active duty on 13 May 1968. He served as
an indirect fire crewman assigned to Company E, 1st Battalion, 46th
Infantry, 198th Infantry Brigade in Vietnam from 7 February 1969 through 14
June 1969. On
8 October 1969, the applicant was released from active duty.
4. The applicant’s DD Form 214 shows the Vietnam Campaign Medal, the
Vietnam Service Medal, the National Defense Service Medal, the Combat
Infantryman Badge, and the Purple Heart as authorized awards.
5. Headquarters, Americal Division General Orders Number 12859, dated
20 December 1969, show the applicant received the Army Commendation Medal
for meritorious service during the period February 1969 to May 1969 in
Vietnam.
6. Records show the applicant participated in three campaigns during his
assignment in Vietnam.
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.
8. Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Army Commendation Medal.
2. The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.
4. Records show the applicant should have discovered the alleged error now
under consideration on 8 October 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 7
October 1972. 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:
LE______ JD______ JM______ GRANT 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 amending his DD Form 214 to show that
he was awarded the Army Commendation Medal, the Vietnam Service Medal with
three bronze service stars, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.
___Lester Echols______
CHAIRPERSON
INDEX
|CASE ID |AR20050004748 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051117 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT PLUS |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0020 |
|2. |107.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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