RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 August 2006
DOCKET NUMBER: AR20060001407
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:
| |Ms. Margaret Patterson | |Chairperson |
| |Mr. Michael Flynn | |Member |
| |Mr. Gerald Purcell | |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 Bronze Star Medal.
2. The applicant states the Bronze Star Medal is not shown on his DD Form
214.
3. The applicant provides orders for the Bronze Star 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 23 April 1972. The application submitted in this case is dated
20 January 2006.
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 was inducted on 19 February 1971. He arrived in Vietnam
on
9 October 1971. He served as an infantry indirect fire crewman assigned to
Company D, 2nd Battalion, 8th Cavalry in Vietnam from 15 October 1971
through 21 April 1972. On 23 April 1972, the applicant was released from
active duty.
4. The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, and the Combat Infantryman Badge as authorized awards.
5. Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile)
General Orders Number 1340, dated 15 April 1972, show the applicant
received the Bronze Star Medal.
6. Records show the applicant participated in three campaigns during his
assignment in Vietnam.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam. This document shows the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 54, dated 1975.
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 Bronze Star 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 applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it.
4. Records show the applicant should have discovered the alleged error now
under consideration on 23 April 1972; therefore, the time for the applicant
to file a request for correction of any error expired on 22 April 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:
MP____ __MF____ __GP____ 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 amending his DD Form 214 to show that he was
awarded the Bronze Star Medal, the Vietnam Service Medal with three bronze
service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.
_Margaret Patterson__
CHAIRPERSON
INDEX
|CASE ID |AR20060001407 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060803 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0014 |
|2. |107.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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