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ARMY | BCMR | CY2004 | 04101722C070208
Original file (04101722C070208.doc) Auto-classification: Approved





                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            24 JUNE 2004
      DOCKET NUMBER:   AR2004101722


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Stanley Kelley                |     |Member               |
|     |Mr. Hubert Fry                    |     |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 the spelling of his last name and street
address be corrected on his separation document.  He also asks that his
records be corrected to reflect award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, Republic of Vietnam Campaign Medal, Air
Medal, Combat Infantryman Badge, Bronze Star Medal, qualification as a
sharpshooter, campaign participation, and completion of a Sniper Course.

2.  The applicant states the corrections are necessary "to serve justice."

3.  The applicant provides copies of orders awarding him the Air Medal and
a certificate awarding him the Bronze Star Medal.  He also submits a copy
of his completion certificate for the Sniper Course and a copy of his
Department of the Army Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 April 1972.  The application submitted in this case is
dated
2 December 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 22 June 1970.  His enlistment documents, as well
as several other documents contained in his file, confirm that the correct
spelling of his last name is "Blatnik" vice "Blantnik" and that the correct
spelling of his street address at the time of entry on active duty was
"Franks" vice "Frankk."

4.  While undergoing basic training at Fort Knox, Kentucky, the applicant
qualified as a marksman with the M-16 automatic rifle, and as a
sharpshooter with the
M-60 machine gun, M-14 rifle, 45 caliber pistol, and grenade.  Orders
issued by the United States Army Training Center at Fort Knox confirmed his
award of the appropriate badges and component bars.  The information,
however, was omitted from his separation document.

5.  In August 1971, following additional training at Fort Benning, Georgia,
the applicant was assigned to the 2nd Battalion, 1st Infantry in Vietnam as
an infantryman.

6.  In September 1971 he was awarded the Combat Infantryman Badge.  Orders
issued by the 23rd Infantry Division confirmed the badge.  The badge,
however, was omitted from his separation document.

7.  The training certificate, provided by the applicant indicates that he
completed a Sniper Course in October 1971.  The duration of the course is
not reflected on the training certificate, nor is the training information
contained in item 27 (military education) of his Department of the Army
Form 20.

8.  In March 1972 orders were issued by the 196th Infantry Brigade awarding
the applicant the Air Medal for meritorious achievement during the period
August 1971 to February 1972.  The Bronze Star Medal award certificate,
provided by the applicant, indicates that he was awarded the Bronze Star
Medal for meritorious achievement between 20 July 1971 and 25 February
1972.  The certificate was issued on 2 March 1972, and reflects the
imprinted signature of Robert F. Froeklke, Secretary of the Army, during
the period in question.  There were no orders, in records available to the
Board, which confirmed award of the Bronze Star Medal.  The applicant's
separation document did not reflect award of the Air Medal or the Bronze
Star Medal.

9.  The applicant returned to the United States in April 1972 and on 8
April 1972 was released from active duty with an honorable characterization
of service.  His separation document reflects entitlement to the National
Defense Service Medal and the Vietnam Service Medal.  Item number 1 (last
name-first name-middle initial) on the applicant's separation document,
reflects the spelling of the applicant's last name as "Blantnik" and item
21 (home of record at time entry into active service) reflects the spelling
of the applicant's street address as "Frankk."

10.  In January 1973 a Department of Defense Form 215 (Correction to DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge) was issued which was meant to correct the misspelling of the
applicant's last name on his separation document.  That document, however,
also incorrectly misspelled the last name as "Blatnick" when the correct
spelling was "Blatnik."

11.  A review of Department of the Army Pamphlet 672-3 confirms that the
applicant's unit, while in Vietnam, was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and that the applicant would have
participated in three designated campaign periods (Consolidation I and II,
and Vietnam Cease-Fire) while he was a member of the organization.  His
campaign participation should be reflected by three bronze service stars on
his Vietnam Service Medal.
12.  Army Regulation 635-5, then in effect, established the policies and
procedures for completion and distribution of separation documents.  In
pertinent part it stated that item 25 (military education) would list
formal in service (resident) training courses of at least 40 hours duration
which were successfully completed during the period of service covered by
the separation document.  This information is to assist the soldier after
separation in job placement and counseling; therefore, training courses for
combat skills are not listed.

13.  Army Regulation 600-8-22 states that Republic of Vietnam Campaign
Medal is awarded for at least 6 months of service in the Republic of
Vietnam between 28 January 1973 and 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant's last name is correctly
spelled as "Blatnik" and that his street address at time of entry on active
duty was spelled as "Franks."  His separation document should be corrected
accordingly and the 1973 Department of Defense Form 215 should be voided.

2.  The evidence also confirms that the applicant was awarded an Air Medal,
the Combat Infantryman Badge, and that he qualified as a marksman with the
M-16 automatic rifle, and as a sharpshooter with the M-60 machine gun, M-14
rifle, 45 caliber pistol, and grenade.  His record should be corrected to
reflect that information.

3.  The applicant is also entitled Republic of Vietnam Campaign Medal,
three bronze service stars on his Vietnam Service Medal, and the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.

4.  While there are no orders in the applicant's available records awarding
him the Bronze Star Medal, his award certificate is signed by the
appropriate Secretary of the Army, and the period of service covered by the
award coincides with the applicant's service in Vietnam.  In the absence
orders, or evidence to the contrary, the Board accepts the applicant’s
award certificate as authentication of entitlement to the Bronze Star Medal
and in the interest of justice concludes it would be appropriate to add the
award to his separation document.

5.  Unfortunately, there is insufficient information contained on the
Sniper Course training certificate to determine the duration of the course,
or if it was a formal in service course.  In the absence of such evidence,
there is an insufficient basis on which to justify entering the training
course on the applicant's separation document.

BOARD VOTE:

___JH___  ___SK __  ___HF __  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 1973 Department of Defense Form 215;


      b.  showing the correct spelling of his last name is "Blatnik" and the
correct spelling of his street address at the time of entry on active duty
was "Franks;"


      c.  showing that he was awarded an Air Medal, a Bronze Star Medal, and
the Combat Infantryman Badge;


      d.  showing that he is entitled Republic of Vietnam Campaign Medal,
three bronze service stars on his Vietnam Service Medal, and the Republic
of Vietnam Gallantry Cross Unit Citation with Palm; and


      e.  showing that he qualified as a marksman with the M-16 automatic
rifle, and as a sharpshooter with the M-60 machine gun, M-14 rifle, 45
caliber pistol, and grenade and was awarded the associated badges and
component bars.

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
listing completion of the Sniper Course on his separation document.





            ______James Hise________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101722                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040624                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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