Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060001407C070205
Original file (20060001407C070205.doc) Auto-classification: Approved



                            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.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002076409C070215

    Original file (2002076409C070215.rtf) Auto-classification: Approved

    Department of the Army Pamphlet 672-3 shows that B Troop, 3d Squadron, 17th Air Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 21 February 1970 - 28 February 1971, 27 March - 19 May 1971, and 26 September - 10 October 1971. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received in December 1971. That the applicant's DD Form 214 be amended to delete...

  • ARMY | BCMR | CY2008 | 20080010462

    Original file (20080010462.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 3 September 2008 DOCKET NUMBER: AR20080010462 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 13 December 1970 through 3 April 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal with “V” Device and with 1st Oak Leaf Cluster, two...

  • ARMY | BCMR | CY2009 | 20090013008

    Original file (20090013008.txt) Auto-classification: Approved

    There are no orders in the applicant's records awarding him the Army Commendation Medal. The records show that during his active service from 30 October 1970 to 1 October 1974 he was awarded or was authorized the Bronze Star Medal and a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 24 of his DD Form 214 with an effective...

  • ARMY | BCMR | CY2009 | 20090018803

    Original file (20090018803.txt) Auto-classification: Approved

    In this case it would be appropriate and in the interest of equity and justice to accept his statement that he was checked by the medic and to conclude his injuries met the requirement for award of the Purple Heart and to correct his DD Form 214 accordingly. The evidence confirms the applicant participated in 10 designated campaign phases during his two tours of duty in the RVN and as such he is entitled to two silver service stars for wear on his already-awarded Vietnam Service Medal. As...

  • ARMY | BCMR | CY2008 | 20080017870

    Original file (20080017870.txt) Auto-classification: Approved

    The applicant requests, in effect, that his 31 October 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include award of the Meritorious Service Medal and the Bronze Star Medal (2nd Award). The applicant's 13 April 1972 DD Form 214 shows his awards as the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge (M-14 and M-16 Rifles), and...

  • ARMY | BCMR | CY2008 | 20080009532

    Original file (20080009532.txt) Auto-classification: Approved

    The applicant provides his DD Form 214; Air Medal orders, dated 6 April 1972; three Air Medal award citations; and a Bronze Star Medal award citation. The evidence of record confirms that the applicant was awarded the Bronze Star Medal and this award should be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry “AIR MEDAL 4TH AWARD (W/”V” DEVICE)” from his DD Form 214; and b....

  • ARMY | BCMR | CY2009 | 20090018112

    Original file (20090018112.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All periods of Service)) of the applicant's DD Form 214 shows he was awarded or authorized to wear the * Bronze Star Medal * Defense Meritorious Service Medal * Meritorious Service Medal * Air Medal (7th Award) * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Army Service Ribbon * Overseas Service Ribbon * Republic of Vietnam Campaign Medal (7th...

  • ARMY | BCMR | CY2010 | 20100018951

    Original file (20100018951.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show the Combat Infantryman Badge and the Air Medal. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st award) for...

  • ARMY | BCMR | CY2004 | 20040006472C070208

    Original file (20040006472C070208.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 June 2005 DOCKET NUMBER: AR20040006472 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. This document shows the unit to which the applicant was assigned, 1st Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class based Department of the Army...

  • ARMY | BCMR | CY2013 | 20130009623

    Original file (20130009623.txt) Auto-classification: Approved

    This pamphlet shows the 2nd Battalion, 8th Cavalry was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 in Department of the Army General Order (DAGO) 42, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972 in DAGO 54, dated 1975 11. As a result, the Board recommends that all Department of the Army records of the individual concerned be...