RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 September 2005
      DOCKET NUMBER:  AR20040011086


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 correction of Item 5a (Grade, Rate or Rank) of
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) to show the rank of corporal instead of specialist four.  In
addition, he requests that “all medals be sent to me,” which is interpreted
as a request to be awarded all awards and decorations, to which he is
entitled.

2.  The applicant states, in effect, that he was separated in the rank of
corporal, not specialist four.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 23 November 1971.  The application submitted in this case is
dated 23 November 2004 and was received by the Board on 2 December 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.  The applicant’s military records show that he was inducted on 21 May
1970 and completed training in Military Occupational Specialty 51N20 (Water
Supply Specialist).  He was then assigned to Vietnam where he served from
2 November 1970 to 22 November 1971 with Headquarters and Headquarters
Company, 26th Engineer Battalion.  The applicant returned to Fort Lewis,
Washington where he was honorably separated in pay grade E-4 on 23 November
1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal; the National Defense Service Medal; the Army Commendation Medal; the
Vietnam Campaign Medal; the Republic of Vietnam Gallantry Cross Unit
Citation with Palm; the Sharpshooter Marksmanship Badge; and, one overseas
service bar.  No other awards or decorations are listed.
5.  Headquarters, 23d Infantry Division Special Orders Number 79, dated
20 March 1971, announced promotion of the applicant to the rank of
corporal, effective 13 March 1971.

6.  Headquarters, US Army Personnel Center, Fort Lewis, Washington Special
Orders Number 327, dated 23 November 1971, announced the applicant’s
release from active duty and transfer to the United States Army Reserve
(USAR), in the rank of corporal.

7.  The last entry in Item 33 (Appointments and Reductions) of the
applicant’s DA Form 20 (Enlisted Qualification Record) shows appointment to
the rank of corporal, effective 13 March 1971.

8.  There are no orders, or other entries in the applicant’s records, that
show he was appointed to the rank of specialist four.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase VII; and,
Consolidation I.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was appointed to the rank of
corporal, effective 13 March 1971.  The evidence further shows that he
continued to serve as a corporal until completing his service obligation
and transferring to the USAR. It appears an administrative error was made
during the preparation of his DD Form 214.  Therefore, it would be
appropriate to correct that error by showing the rank of corporal in Item
5a of his DD Form 214.

2.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in two campaigns.  As a result, he is entitled to
award of two bronze service stars, to be affixed to the Vietnam Service
Medal, and correction of his records to show these appurtenances.

BOARD VOTE:

___reb___  ____lf __  ___lmd__  GRANT 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:

      a. showing the rank of corporal in Item 5a of his DD Form 214; and,


      b. showing award of two bronze service stars, to be affixed to the
Vietnam Service Medal.





            _________Ronald E. Blakely_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011086                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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