RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 June 2007
DOCKET NUMBER: AR20060016994
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. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Linda Simmons
Chairperson
Mr. Joe Schroeder
Member
Mr. Chester Damian
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 item 12 (Last Duty Assignment and Major Command) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show the 11th Armored Cavalry Regiment (ACR) instead of the 115th ACR. He also requests award of all awards and decorations to which he may be entitled.
2. The applicant states that his DD Form 214 should show his overseas duty station was the 11th ARM CAV REGT [Armored Cavalry Regiment] APO [Army Post Office] 96257 USARPAC [U.S. Army Pacific].
3. The applicant provides orders, dated 12 August 1969 and 25 May 1969; and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
12 August 1969. The application submitted in this case is dated 29 November 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 enlisted on 3 January 1967 for a period of 3 years. He arrived in Vietnam on 11 August 1967. He served as a helicopter repairman assigned to the 398th Transportation Detachment of the 11th ACR in Vietnam from
15 August 1967 through 8 August 1969. On 12 August 1967, the applicant was released from active duty.
4. Item 12 on the applicants DD Form 214 shows the entry, 115TH ARM CAV REGT APO 96257 USARPAC. His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Valorous Unit Award, the Aircraft Crewman Badge, and the Good Conduct Medal as authorized awards.
5. Records show the applicant participated in six campaigns during his assignment in Vietnam.
6. 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 one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (during the period 7 September 1966 to 10 August 1968) based on Department of the Army General Orders Number 60, dated 1969; and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (during the period 1 May 1969 to 15 February 1970) based on Department of the Army General Orders Number 50, dated 1971.
7. 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. This regulation provides that a silver service star is authorized in lieu of five bronze service stars.
8. Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicants last duty assignment and major command was the 11th ACR in Vietnam. Therefore, item 12 on his DD Form 214 should be corrected to show this duty assignment and major command.
2. The applicant participated in six campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star and one bronze service star.
3. The applicant's unit was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is entitled to wear one of those awards. However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
4. Records show the applicant should have discovered the alleged errors now under consideration on 12 August 1969; therefore, the time for the applicant to file a request for correction of any error expired on 11 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:
LS____ __JS____ __CD____ 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. deleting the entry, 115TH ARM CAV REGT APO 96257 USARPAC in item 12 on his DD Form 214;
b. adding the entry, 11TH ACR APO 96257 USARPAC in item 12 on his DD Form 214; and
c. amending his DD Form 214 to add two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal.
__Linda Simmons_______
CHAIRPERSON
INDEX
CASE ID
AR20060016994
SUFFIX
RECON
DATE BOARDED
20070605
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
107.0000
3.
4.
5.
6.
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