RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 May 2005
      DOCKET NUMBER:  AR20040003889


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) issued on 3 September
1970 be corrected by deleting Headquarters and Headquarters Detachment
(HHD), 7th Support Battalion, 199th Light Infantry Brigade from Item 12
(Last Duty Assignment and Major Command) and adding Company M (Ranger),
75th Infantry, 199th Light Infantry Brigade.

2.  The applicant states that he was not permanently assigned to the 7th
Support Battalion, he was merely “on loan” to the unit because he was a
radio operator.  He was still assigned to Company M (Ranger), 75th
Infantry.

3.  The applicant provides in support of his request:

      a.  Special Orders Number 1479, Headquarters, II Field Force, dated
11 April 1970, showing the applicant was awarded the Bronze Star Medal with
“V” Device while serving as a senior scout observer with Company D
(Ranger), 75th Infantry, Vietnam.

      b.  Certified copy of his DD Form 214 issued on 3 September 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 September 1970.  The application submitted in this case is
dated 1 July 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.  On 22 January 1969, the applicant enlisted in the Regular Army for 2
years.  He was trained in military occupational specialty (MOS) 05B (Radio
Operator).  He also completed the Basic Airborne Course and was awarded the
Parachutist Badge.  There is no evidence that he ever attended the Ranger
Course.  On 3 September 1969, he arrived in Vietnam and, on 6 September
1969, he was assigned on orders to Company D (Ranger), 151st Infantry.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
he served with:  Company D (Ranger), 151st Infantry from 6 September 1969
to 19 November 1969; Company M (Ranger), 75th Infantry from 20 November
1969 to 11 April 1970; and Company M (Ranger), 75th Infantry from 12 April
1970 to 9 July 1970.  It also shows that, on 10 July 1970, he was assigned
to HHD, 7th Support Battalion, 199th Light Infantry Brigade where he served
until departing Vietnam on/about 30 August 1970.

5.  On 3 September 1970, the applicant was honorably released from active
duty and transferred to the United States Army Reserve.  His DD Form 214,
Item 12 (Last Duty Assignment and Major Command) shows his last duty
assignment was with "HHD, 7th SPT BN, 199th LIB USARV."

6.  The applicant had a break in service.  On 1 February 1973, he
reenlisted and served until he was honorably separated on 23 January 1976.

6.  Army Regulation 635-5 prescribes policies and procedures regarding
separation documents.  It states that the DD Form 214 is a summary of a
Soldier's most recent period of continuous active duty.  The DD Form 214
will be prepared to document a Soldier's release from active duty,
retirement, or discharge on termination from active duty.  This regulation
provides that the DD Form 214, Item 12 will show the last duty assignment
and major command to which a Soldier was assigned.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was assigned to
Companies D and M (Ranger), 75th Infantry.  However, the evidence also
supports that the applicant's DD Form 214 appropriately shows the last unit
to which he was assigned was Headquarters and Headquarters Detachment, 7th
Support Battalion, 199th Light Infantry Brigade, US Army Vietnam.  The
applicant has established no basis for changing this unit.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 September 1970, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 2 September 1973.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __lgh___  __lvb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  James E. Anderholm
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040003889                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050505                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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