RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2007
DOCKET NUMBER: AR20060014074
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Ms. LaVerne M. Douglas
Member
Ms. Ernestine L. Fields
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 records be corrected to show award of the Bronze Star Medal.
2. The applicant states, in effect, that he received the Bronze Star Medal and it is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provided a copy of his DD Form 214 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 14 December 1970, the date of his transfer to the United States Army Reserve. The application submitted in this case is dated 25 September 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's records show that he enlisted in the Regular Army on 29 January 1968. He completed combat basic training and advanced individual training and was awarded the military occupational specialty (MOS) 31B (Field Radio Mechanic). The applicant served a tour of duty in the Republic of Vietnam during the period 20 February 1970 through 14 December 1970.
4. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal.
5. Headquarters, 23rd Infantry Division General Orders Number 16509, dated 24 December 1970, show that the applicant was awarded the Bronze Star Medal.
6. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
8. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.
9. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII 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. Orders show the applicant was awarded the Bronze Star Medal. Therefore, he is entitled to correction of his records to show this award.
2. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document. Therefore, he is entitled to correction of his records to show this award.
3. Record shows the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 December 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 December 1973. 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:
_KLW___ _LMD____ _EIF__ _ 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 award of the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
_Kenneth L. Wright_____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070011588
Evidence of record shows that the applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Valorous Unit Award. Evidence of record shows that 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 to show award of the Republic of Vietnam...
ARMY | BCMR | CY2006 | 20060016608
The applicant's records show that he was awarded the Vietnam Service Medal. There is no evidence and the applicant did not provide sufficient evidence showing that the applicant's unit was authorized award of the Presidential Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for qualifying service in the Republic of Vietnam. Record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2005 | 20050006991C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 November 2005 DOCKET NUMBER: AR20050006991 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. Records show that the applicant participated in the four campaigns during his service in Vietnam. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows he...
ARMY | BCMR | CY2006 | 20060017636
The applicant requests correction of his records to show award of the Purple Heart. The applicant's records show that he was awarded the Vietnam Service Medal. Record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2005 | 20050017594C070206
The applicant's records show that he was awarded the Vietnam Service Medal. Although there are no orders in the available records which show that the applicant was awarded the Bronze Star Medal, the evidence provided is sufficient to grant the relief requested. Therefore, he is entitled to correction of his record to show this award.
ARMY | BCMR | CY2007 | 20070014124
The applicant requests: a. correction of his Social Security Number (SSN) from "xxx-xx-4145" to "xxx-xx-4143" on his Citation, Certificate, and General Orders awarding him the Bronze Star Medal; and b. correction of his records to show award of the Bronze Star Medal. Therefore, he is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending General Orders...
ARMY | BCMR | CY2007 | 20070013154
Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service. Evidence of record shows that 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. awarding the...
ARMY | BCMR | CY2007 | 20070004849
The applicant's records show that he was awarded the Vietnam Service Medal. Records show that the applicant participated in three campaigns during his service in the Republic of Vietnam. Requests to be provided with service ribbons, service medals, and awards sets are not issued by the Army Board for Correction of Military Records (ABCMR).
ARMY | BCMR | CY2006 | 20060004988C070205
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device and award of the Combat Infantryman Badge. The applicant's records show that he was awarded the Vietnam Service Medal. Records show that the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2006 | 20060012261
The applicant requested correction of his records to show award of the Bronze Star Medal. Therefore, he is entitled to correction of his military records to show the award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the award of the Air Medal and the Expert Marksmanship Qualification Badge with Machinegun Bar; b. awarding him the Meritorious Unit Commendation and the Republic of Vietnam...