RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060012247
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.
x
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 report of separation (DD Form 214) be corrected to reflect his rank as a SP4 and his award of the Army Commendation Medal (ARCOM).
2. The applicant states, in effect, that he was promoted to the rank of SP4 on 30 January 1969 and he was awarded the ARCOM; however, his DD Form 214 was incorrectly prepared and omitted those items. He also states that at the time of separation he would have had to wait an additional day to get the errors correctly so he opted to go home instead.
3. The applicant provides a copy of his DD Form 214, a copy of his promotion orders, a copy of his leave and earnings statement (LES) showing he was paid in the pay grade of E-4 for the month of July 1969, and a copy of orders awarding him the ARCOM.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 23 August 1969. The application submitted in this case is dated 27 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. He was inducted in Atlanta, Georgia on 9 January 1968 and completed his basic combat training at Fort Benning, Georgia. He underwent his advanced individual training (AIT) at both Fort Jackson, South Carolina and Fort Gordon, Georgia before being transferred to Vietnam on 3 August 1968.
4. He was assigned to Company C, 124th Signal Battalion, 4th Infantry Division for duty as a radio teletype operator. He was advanced to the pay grade of E-3 on 5 August 1968 and to the pay grade of E-4 on 30 January 1969.
5. He departed Vietnam on 23 August 1969 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 7 months and 15 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was REFRAD in the pay grade of E-3 and that he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Badge with M14 rifle bar, the Expert Marksmanship Badge with M16 rifle bar, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Good Conduct Medal.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicants departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation. Additionally, he participated in four campaigns while assigned to Vietnam and is authorized to wear four bronze service stars on his VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant was advanced to the rank of SP4/E-4 on 30 January 1969 and therefore is entitled to have his DD Form 214 corrected to reflect that information.
2. The applicant was also awarded the ARCOM for meritorious service for the period of August 1968 to August 1969 and is entitled to have that award added to his records as well.
3. Additionally, the applicants unit was subsequently awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and he participated in four campaigns while in Vietnam. Accordingly, he is entitled to have those awards added to his records at this time and to be awarded four bronze service stars for wear on his already awarded VSM.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 August 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 22 August 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:
___x__ ___x __ _x ___ 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 that he was advanced to the rank and pay grade of SP4/E-4 on 30 January 1969, that he was awarded the ARCOM and by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and four bronze service stars for wear on his already awarded VSM.
______x_________
CHAIRPERSON
INDEX
CASE ID
AR20060012247
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.107.0000
46/decs
2.110.0000
189/corr 214
3.
4.
5.
6.
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