RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2007
DOCKET NUMBER: AR20060011041
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. Gerard W. Schwartz
Acting Director
Ms. Anita McKim-Spilker
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Mr. Larry W. Racster
Member
Mr. Rodney E. Barber
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show the correct foreign service time and award of the Army Commendation Medal (ARCOM).
2. The applicant states, in effect, that his ARCOM was awarded and certified, but never issued or annotated on his DD Form 214. He also states that he served in Germany for 22 months and 12 months in the Republic of Vietnam.
3. The applicant provides a copy of his DD Form 214; an excerpt from his DA Form 66 (Officer Record Brief); a copy of his ARCOM order and citation from Headquarters, U.S. Army Communications Zone, Europe.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 2 June 1969, the date of his release from active duty. The application submitted in this case is dated 18 April 2005 and received on
3 August 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 applicants failure to timely file.
3. The applicant was appointed as a second lieutenant in the U.S. Army Reserve on 30 July 1965. He served on active duty from 5 January 1966 through 2 June 1969. He attained the rank of captain.
4. The applicant served in Germany from 10 May 1966 through 28 March 1968, a total of 1 year, 10 months and 18 days.
5. The applicant served in the Republic of Vietnam from 30 May 1968 through 29 May 1969, a total of 1 year. He performed duties with the U.S. Military Assistance Command as mess officer.
6. Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows his overseas service as 2 years and 17 days. His total overseas service was
2 years, 10 months and 18 days.
7. The applicant's DD Form 214 does not show award of the ARCOM. The applicant submitted a copy of General Orders Number 76, DA, HQ, U.S. Army Communications Zone Europe, dated 3 May 1968, awarding him the ARCOM for meritorious service from July 1966 through March 1968. He also provided a copy of his ARCOM citation.
8. Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
9. Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, 1974.
10. The applicant's records show he was awarded the Vietnam Service Medal. However, his DD Form 214 does not show any bronze service stars indicating campaign credit. His records indicate he participated in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and the TET 1969 Counteroffensive campaigns.
11. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in four campaigns during his tour of duty in Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant served overseas for a total of 2 years, 10 months and 18 days. Therefore, he is entitled to have his discharge document amended to show his correct foreign service time.
2. General Orders awarded the applicant the ARCOM for meritorious service from July 1966 through March 1968. Therefore, he is entitled to have his records corrected to show this award.
3. General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.
4. Evidence of record shows that the applicant participated in four campaigns during his service in Vietnam. Therefore, he is eligible for award of four bronze service stars to be affixed on his Vietnam Service Medal.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 June 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 June 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:
__mkp___ __lwr___ __reb___ 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:
a. amending Item 22C of the applicant's DD Form 214 to show "2 Years, 10 Months, 18 Days;"
b. showing award of the ARCOM;
c. awarding the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
d. awarding four bronze service stars for wear on his Vietnam Service Medal.
Margaret K. Patterson
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060011041
SUFFIX
RECON
DATE BOARDED
20070315
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
107.0020
2.
107.0094
3.
100.0200
4.
5.
6.
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