RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         26 OCTOBER 2004
      DOCKET NUMBER:  AR2004103279


      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. John Slone                    |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Ms. Eloise Prendergast            |     |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 August 1970 separation document be
corrected to show that he was separated as a sergeant in pay grade E-5.

2.  The applicant states he needs his separation document to reflect his
correct rank and pay grade.

3.  The applicant provides a copy of his promotion orders to pay grade E-5.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 August 1970.  The application submitted in this case
is not dated but was received on 26 January 2004.

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 13 January 1969.  He was promoted to pay grade E-
4 on 9 September 1969 while serving in Vietnam.

4.  On 25 July 1970 the 4th Infantry Division in Vietnam issued orders
promoting the applicant to Sergeant, pay grade E-5, effective 7 July 1970.
The orders also awarded the applicant a specialty of 11B40 and withdrew his
previous specialty of 11B20.  Less than 30 days after the promotion orders
were issued, the applicant departed Vietnam enroute to the United States
for separation processing.

5.  On 16 August 1970 the applicant was released from active duty with an
honorable characterization of service.  His separation orders indicate that
he was separated in pay grade E-4 with a specialty of 11B20.

6.  There is no indication, in available records, that the applicant was
ever reduced from pay grade E-5 to pay grade E-4 prior to his separation
from active duty.
7.  In 1971 officials at the United States Army Reserve Personnel Center
notified the applicant that his file did not contain a copy of orders
promoting him to pay grade E-5 as he had indicated on a United States Army
Reserve form.  The applicant apparently provided a copy of his promotion
orders and in 1974 he was transferred from the United States Army Control
Group (Annual Training) to the United States Army Control Group (Standby)
in pay grade E-5.  No action, however, was ever taken to correct his 1970
separation document.

8.  Additionally, on 24 July 1970, the applicant was awarded an Army
Commendation Medal for meritorious service during the period August 1969 to
August 1970.  Like his promotion order, the award order apparently did not
reach his personnel file prior to his departure from Vietnam and as such,
was omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to confirm that the applicant was promoted
to sergeant, pay grade E-5, and awarded specialty 11B40 effective 1 July
1970.  There is no evidence or reason to suspect that the applicant was
ever reduced from pay grade E-5 to pay grade E-4 prior to his separation on
16 August 1970.  As such, it would be appropriate, and in the interest of
justice and equity to correct his 1970 separation document to show that he
was separated as a sergeant, in pay grade E-5, with a date of rank of 1
July 1970, and that he held specialty 11B40 vice 11B20, at the time of
separation.

2.  Although the applicant did not ask to have his record corrected to show
that he was awarded the Army Commendation Medal, it is very likely that he
was unaware of the award.  In view of the fact that a Department of Defense
Form 215 (Correction to DD From 214, Certificate of Release or Discharge
from Active Duty) will be issued to reflect the correction of the
applicant’s rank, ect., it would be reasonable to also add his award of the
Army Commendation Medal, thereby negating the issuance of a second
correction form at a later date.

BOARD VOTE:

___JS___  ___CG__  ___EP___  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 that he was discharged as a
sergeant, pay grade E-5, with a date of rank of 1 July 1970, in specialty
11B40, and that he was awarded an Army Commendation Medal.




                            ______John Slone__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103279                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041026                                |
|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.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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