IN THE CASE OF:
BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20100012402
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of the Board's denial of his previous request that his citation for the Army Commendation Medal be changed to show "cannoneer and ammunition handler" instead of "mechanic."
2. The applicant states it is clear to him that the sergeant in the motor pool/rear detachment created this clerical error by not reading his DA Form 20 (Enlisted Qualification Record). He further indicates, in effect, that the Board erred when it considered his previous request for reconsideration by not addressing the correct issue.
3. The applicant provides no additional documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050009098 on 28 March 2006.
2. The applicant's assertion that the Board previously addressed the wrong issue is a new argument which requires the Board to reconsider this case.
3. The applicant's military records show he was inducted into the Army of the United States on 5 April 1966. He was awarded the military occupational specialty of 13A (field artillery, basic). The highest grade he held was pay grade E-3.
4. The applicants DA Form 20 shows he was assigned as an ammunition handler in Vietnam on 12 December 1966. This document also shows he was assigned as a cannoneer during the period 11 July to 9 December 1967.
5. General Orders, dated 11 January 1968, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force for the period of 12 December 1966 to 30 November 1967.
6. The citation for the applicant's Army Commendation Medal states in part, "... while serving as Mechanic with Battery C, 2d Battalion, 4th Artillery, 9th Infantry Division during the period..."
7. On 4 April 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years of active service for that period. This document shows his military occupational specialty in item 23a (Specialty Number and Title) as "13A1O FA Basic."
DISCUSSION AND CONCLUSIONS:
1. While the applicant's citation for award of the Army Commendation Medal shows he served as a mechanic, his DA Form 20 shows he served as an ammunition handler and a cannoneer in Vietnam during that period. As such, it appears the word "mechanic" in his citation is an error.
2. While the Board noted this discrepancy in its prior consideration, the Board applied a presumption of regularity to an obvious error. In this case, it would appear the presumption of regularity was inadequate to explain the error on the document.
3. Therefore, it would be appropriate to change the verbiage on his citation for the Army Commendation Medal to read, "cannoneer and ammunition handler."
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 amendment of the ABCMRs decision in Docket Number AR20050009098, dated on 28 March 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his Army Commendation Medal citation to show he served as an "ammunition handler and cannoneer."
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100012402
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ABCMR Record of Proceedings (cont) AR20100012402
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