RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 March 2004
      DOCKET NUMBER:   AR2003088316


      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. Carl W. S. Chun               |     |Director             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Mae M. Bullock                |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 corrected to show:  that he is
known by a different name and gender; that he was awarded the Bronze Star
Medal (BSM) and the Army Commendation Medal (ARCOM); and that his rank is
restored to sergeant, pay grade E-5.

2.  The applicant states, in essence, that he would like his DD Form 214
corrected to reflect his name and gender change.  He also states that when
he was in the military, he was on time and he performed his duties
appropriately, but he was exhausted from working the night before and he
was unjustly reduced in rank from sergeant to corporal, pay grade E-4, for
being out of uniform.  He was again reduced in rank from corporal to
private first class, pay grade E-3, due to conduct unbecoming a soldier
after he became sick with a temperature of 103 and failed to instruct a
class.  He was never offered legal counsel and his rights were never
explained.

3.  The applicant provides in support of his request his DD Form 214, a
copy of a court decree legally granting his name change, a certificate and
citation for award of the BSM, a certificate and citation for award of the
ARCOM, and a copy of his DD Form 214.

4.  The applicant provides no evidence to support his stated gender change.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 21 February 1970.  The application submitted in this case is
dated 10 March 2003.

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 limitation 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 applicant’s failure to timely file.

3.  The applicant served in an active duty status in the Regular Army from
21 February 1967 through 21 February 1970 as a male with the name that is
currently shown on his DD Form 214 and throughout his military records.  He
served 1 year in Vietnam from October 1967 to October 1968 with the 101st
Airborne Division.

4.  The Certificate and the Citation for award of the BSM provided by the
applicant shows that, on 7 January 1969, he was awarded the BSM for
meritorious achievement in ground operations against hostile forces in
Vietnam during the period 1 April 1968 through 30 November 1968.  The
Certificate and the Citation for award of the ARCOM provided by the
applicant shows that, on 18 January 1969, he was awarded the ARCOM for
exceptionally meritorious achievement in Vietnam during the period 1 July
1968 through 30 November 1968.  Both award certificates provided by the
applicant are signed by Major General Melvin Zais, Commanding General,
101st Airborne Division.  Both certificates also show the applicant's rank
as sergeant and appear to be authentic.

5.  The applicant's DD Form 214 shows that he was separated as a private
first class.  The available record contains no details concerning the
applicant's reduction in rank.

6.  The applicant's DD Form 214 also shows award of the Purple Heart,
ARCOM, National Defense Service Medal, Vietnam Service Medal, Vietnam
Campaign Medal, Combat Infantryman Badge and the Pathfinder Badge.  The BSM
is not shown.

7.  The US Total Army Personnel Command (PERSCOM) states that no General
Orders are available for the awards under review.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  It provides, in pertinent part,
that the BSM is awarded in time of war for heroism and for meritorious
achievement or service.  It further provides that the ARCOM may be awarded
to any member of the Armed Forces of the United States who, while serving
in any capacity with the Army after 6 December 1941, distinguished himself
or herself by heroism, meritorious achievement or meritorious service.  As
with all personal decorations, formal recommendation, approval through the
chain of command, and announcement in orders is required.  Recommendations
must be made within 2 years of the event or period of service and the award
must be made within 3 years.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Vietnam Gallantry Cross Unit Citation with Palm based on Department of
the Army General Orders Number 8, dated 1974.  The applicant's DD Form 214
does not show this award because it was authorized after he had been
separated.

10.  The Unit Citation and Campaign Participation Credit Register also
shows that the applicant participated in four campaigns -- Vietnam
Counteroffensive, Phase III 1967-1968, Tet Conteroffensive 1968, Vietnam
Counteroffensive, Phase IV 1968, and Vietnam Counteroffensive, Phase V 1968
-- during his tour in Vietnam.  He is entitled to 4 bronze service stars
(BSS) for wear on his Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The information contained in those records should
reflect the conditions and circumstances that existed at the time the
records were created.  Therefore, the Board does not make changes to the DD
Form 214 of the type requested by the applicant.  The applicant's DD Form
214 accurately reflects the conditions that existed at the time of its
creation.

2.  The Board recognizes that, in a situation as unique as this, the
applicant desires documentation to show that the individual who served on
active duty during 1967-1970 is now known by a different name.  To that
end, the Board will direct the Army Review Boards Agency Case Management
Support Division, St. Louis, Missouri to issue such documentation.

3.  The court order provided by the applicant proves that his name was
legally changed on 13 September 1999.  However, the document does not
address the issue of his gender change and he has not shown through other
records that his gender has changed.

4.  The available records do not contain any information concerning the
applicant's reductions, however, regularity is presumed in the
establishment of the applicant's rank at separation.  The awards provided
by the applicant do not establish a basis for the restoration of his rank.

5.  The ARCOM is appropriately shown on the applicant's DD Form 214.  No
correction is necessary.

6.  The BSM Certificate and Citation presented by the applicant are
accepted as genuine and appropriate proof to correct his DD Form 214 to
show award of the BSM.  It would also be appropriate to correct his DD Form
214 to show award of the Vietnam Gallantry Cross Unit Citation with Palm
and 4 BSS for wear on his Vietnam Service Medal.

BOARD VOTE:

__jns___  __mmb___  __phm___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  Voiding the award of the Vietnam Service Medal from his DD Form
214 with an effective date of 21 February 1970; and

      b.  Showing that the individual concerned was awarded the BSM, the
Vietnam Service Medal with 4 BSS, and the Vietnam Gallantry Cross Unit
Citation with Palm.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the applicant's name and gender on his DD Form 214, and adding the
ARCOM.

3.  As stated in paragraph 2 of DISCUSSION AND CONCLUSIONS, the Board
recognizes the need for the applicant to have documentation showing that
the individual who served on active duty during 1967-1970 served with a
different name.  In that regard, the Board requests that the CMSD-St. Louis
administratively correct the records of the individual concerned by
furnishing a DA Form 1569 (Transcript of Military Records) showing the
current name, and explaining that this individual served under a different
name.



                 John N. Slone
            ______________________
                    CHAIRPERSON










                                    INDEX

|CASE ID                 |AR2003088316                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040311                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |