RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 April 2005
      DOCKET NUMBER:  AR20040003592


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Curtis Greenway               |     |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, in effect, that his record be corrected to
reflect the proper rank he held upon his separation and to acknowledge his
service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that he served on a special assignment
in the RVN from May through August 1972.  He further states that his
separation document (DD Form 214) shows he received an honorable discharge,
but as a private/E-1 (PV1), which in his opinion is wrong.

3.  The applicant provides a self-authored statement and a chronological
record of medical care (SF 600) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 12 July 1974.  The application submitted in this case is
dated
21 June 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 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 applicant’s failure to timely file.

3.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 4 June 1971.  He was trained in, awarded and served
in military occupational specialty (MOS) 27E (Wire Guided Systems
Repairer).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows the
applicant served in the RVN from 4 May through 11 August 1972.  While in
the RVN, he was assigned to the 25 Maintenance Company, 266th Maintenance
Battalion, United States Army Vietnam (USARV), performing duties in MOS
27E.

5.  Item 33 (Appointments and Reductions) of the applicant’s DA Form 20
shows that he was initially promoted to private first class (PFC) on 1
December 1971, and that this is the highest rank he attained while serving
on active duty.  It also shows that he was reduced to private/E-2 (PV2) on
23 March 1972, promoted back to PFC on 13 June 1972 and reduced to
private/E-1, which is the rank he held at the time of his separation, on 13
August 1973.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows
that during his active duty tenure, he earned the National Defense Service
Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), and
Expert Qualification Badge with Rifle Bar.

7.  The applicant’s disciplinary history includes his acceptance of
nonjudicial punishment (NJP) under the provisions of Article 15 of the
Uniform Code of Military Justice (UCMJ) on seven separate occasions between
22 March 1972 and 18 December 1973.  It also includes his accrual of 38
days if time lost due to being absent without leave (AWOL) on two separate
occasions between 4 June and 19 September 1973.

8.  On 12 July 1974, the applicant was honorably separated at the
expiration of his term of service.  The DD Form 214 he was issued shows
that he completed a total of 3 years of creditable active military service
and accrued 38 days of time lost due to AWOL at the time of his separation.
 The DD Form 214 also shows that the applicant held the rank of PV1 on the
date of his discharge and that he had earned the NDSM, VSM, RVNCM and
Expert Qualification Badge with Rifle Bar during his active duty tenure.

9.  Item 18f (Foreign and/or Sea Service This Period) of the applicant’s DD
Form 214 contains an entry indicating the applicant completed no foreign
service.  Item 27 (Remarks) is also void of any entry confirming the
applicant’s RVN service.

10.  The applicant provides an SF 600 that shows he was treated for a
gunshot wound to the head on 19 July 1972.  This medical treatment record
confirms the wound was sustained in a confrontation in the local village,
which indicates the wound was not combat related.
11.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation contains item by item preparation instructions for the
DD Form 214.

12.  The version of Army Regulation 635-5 in effect at the time stipulated
that foreign service performed during the period covered by the DD Form 214
would entered in Item 18f.  The instructions for completing Item 19
(Indochina or Korea Service Since August 5, 1964) stated that RNV service
would be accounted for by checking the “Yes” block and entering the
specific dates of service.  The regulation further stated that Item 27
would contain an entry indicating the “Country In Which The Last Period of
Overseas Service Was Performed”.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in the RVN from 4
May through 11 August 1972.  Therefore, it would be appropriate to account
for this service in Items 18f and 19 of his DD Form 214.

2.  The applicant’s claim that the PV1 rank entered on his DD Form 214 is
not appropriate given his honorable service was also considered.  However,
the applicant’s record confirms he had an extensive disciplinary history.
This misconduct resulted in his being reduced to PV1 prior to his
separation.  Finally, the record confirms he held the rank of PV1 at the
time of his separation.  Therefore, there is no error or injustice related
to the rank listed on his separation document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SLP  _  ___JNS _  ___CG__  GRANT PARTIAL 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 amending his 17 July
1974 DD Form 214 as follows:  Item 18f - delete the current entry and
replace it with the entry “0 years
3 months, 8 days”; Item 19 by checking the “YES” block and entering the
dates “4 May 72 to 11 Aug 72” and Item 27 by adding the entry “Last Country
in Which Overseas Service Was Performed - Vietnam”; and by providing him a
corrected separation document that reflects these changes.

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
a correction of the rank listed on the DD Form 214.




            ____John N. Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003592                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1974/07/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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