RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 DECEMBER 2004
      DOCKET NUMBER:  AR2004105298


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Semma Salter                  |     |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.  In effect, the applicant requests that his DD Form 214 (Report of
Transfer or Discharge) be corrected to show award of the Purple Heart and
reflect his rank as sergeant E-5.

2.  The applicant provides a copy of the General Orders awarding him the
Purple Heart, a copy of the Purple Heart certificate, a copy of his
commanding officer's recommendation for award of the Good Conduct Medal
showing his rank as sergeant E-5, and a copy of a photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 May 1967.  The application submitted in this case is
dated           2 March 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 enlisted in the Army for three years on 19 May 1964,
trained as an infantryman, and was awarded the Expert Marksmanship
Qualification Badge with rifle bar and with recoilless rifle bar.  He
served in the Dominican Republic from May 1965 to October 1965 where he was
awarded the Armed Forces Expeditionary Medal.

4.  In December 1965 he was assigned as a rifleman with Company B,
   1st Battalion (Airborne), 327th Infantry, in Vietnam.  He was wounded as
a result of hostile action by a gunshot wound to his left shoulder on 7
February 1966.  He returned to the United States and was treated at Darnall
Army Hospital at Fort Hood, Texas.  In August 1966 he was assigned to Fort
Carson, Colorado, and was released from active duty in the grade of
sergeant at Fort Carson on 18 May 1967.  His DD Form 214 shows his grade
and pay grade as SGT (T), E-5, respectively, and his date of rank as 24
October 1966.  Prior to his release from active duty, on 17 May 1967, his
commanding officer recommended that he be awarded the Good Conduct Medal.
His DD Form 214 does not show that award, nor does it show award of the
Purple Heart.
5.  The 1st Battalion, 327th Infantry (Airborne) was awarded the Valorous
Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions during his
assignment to that organization.

6.  The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.

7.  The Republic of Vietnam Campaign Medal is awarded to members of the
Armed Forces who have served in Vietnam for six months, or to those members
who have served less than six months and who have been wounded by hostile
forces.

8.  Army Regulation 600-200 then in effect, provides for temporary and
permanent promotion of enlisted personnel.  Soldiers are appointed to
temporary grades.  Temporary appointments become permanent after a
specified time in grade.  The temporary appointment of a Regular Army
sergeant, pay grade E-5, becomes permanent on completion of 12 months' time
in grade.

9.  Army Regulation 635-5 then in effect provides for the preparation of
the       DD Form 214, and states in pertinent part that the grade in which
serving at the time of separation, indicating whether permanent or
temporary, will be entered in item 5a, followed by the pay grade in item
5b, for instance, MSgt (P) E-7 or          SGT (T) E-5.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action and was awarded the Purple Heart.
His DD Form 214 should reflect that award.

2.  The applicant was appointed to the grade sergeant E-5 on 24 October
1966 and released from active duty the following May.  He did not have 12
months in the grade of sergeant E-5.  Consequently, his grade of SGT (T) as
shown on his DD Form 214 is correct.  Therefore, his request to correct the
grade as shown on that form is not warranted.

3.  The applicant was recommended for award of the Army Good Conduct Medal
by his commanding officer.  He served his country faithfully and honorably
and is entitled to award of the Army Good Conduct Medal.
4.  The applicant was awarded the Expert Marksmanship Qualification Badge
with rifle bar and recoilless rifle bar.  Those awards should be shown on
his     DD Form 214.

5.  The applicant is entitled to award of the Valorous Unit Award, the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and the Republic of Vietnam Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__FE  ___  __PS ___  __SS ___  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 showing award of the
Purple Heart, the Army Good Conduct Medal, the Expert Marksmanship
Qualification Badge with rifle bar and recoilless rifle bar, the Valorous
Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam
Campaign Medal.

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
correcting the applicant's rank on his DD Form 214 to show sergeant E-5.




                            ______Fred Eichorn_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105298                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|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.                      |129.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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