RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20050000059


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. Mccants           |     |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 his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show he completed the Primary
Noncommissioned Officer Course (PNCOC), the rank of Corporal/pay grade E-4,
and award of the "Vietnam Era Medal."

2.  The applicant states, in effect, that when he was released from active
duty he was given orders for Corporal.  He further states that his DD Form
214 does not show PNCOC or his "Vietnam Era Medal."

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 19 December 1980.  The application submitted in this case is dated
14 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 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 enlisted in the Regular Army on 5 July 1978 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Infantryman).

4.  The applicant arrived at Fort Carson, Colorado and he was assigned to
C Troop, 1st Squadron, 10th Cavalry on or about 2 November 1978.  He was
reassigned to A Company, 60th Infantry, Fort Richardson, Alaska on or about
9 May 1980.  He was reassigned to the Medical Holding Company, Fitzsimmons
Army Medical Center, Aurora, Colorado on or about 10 September 1980.  He
was honorably separated from active duty for disability on 19 December 1980
in the rank of Specialist Four/pay grade E-4.



5.  The applicant's DD Form 214 shows he was awarded the Expert
Marksmanship Qualification Badge (M-16) and the Sharpshooter Marksmanship
Qualification Badge (Grenade).  Item 14 (Military Education) shows the
entry "None."

6.  The applicant's DA Form 2-1 (Enlisted Qualification Record) shows that
he completed the 4 week PNCOC in 1979 at Fort Carson, Colorado.

7.  There are no orders in the applicant's records that show he was
promoted to or appointed to Corporal/pay grade E-4.

Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  The version in
effect at the time stated for item 14 (Military Education), list in-service
training course; title, number of weeks, year successfully completed during
this period of service; e.g., medical, dental, electronics, supply,
administration, personnel, or heavy equipment operations.  This information
is to assist the member after separation in job placement and counseling;
therefore, training courses for combat skills will not be listed.

9.  Department of Veteran Affairs booklet, Federal Benefits for Veterans
and Dependents 2005 edition, shows that on 5 August 1964 the U.S.
officially became involved in the Vietnam War.  The Vietnam War officially
ended on 7 May 1975.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record that shows that the applicant served in
the military during the Vietnam War.  There are no orders in his record
that show he was promoted to or appointed to the rank of Corporal.

2.  Evidence of record shows that the applicant completed PNCOC in 1979 at
Fort Carson, Colorado.  Therefore, his DD Form 214 should be corrected to
add "Primary Noncommissioned Officer Course, 4 weeks, (1979)" in item 14.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 December 1980; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     18 December 1983.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence it would be in the interest of justice to excuse failure to timely
file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SLP_ _  _RLD ___  __ JRM _   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 DD Form 214 to add in item 14
Primary Noncommissioned Officer Course, 4 weeks, (1979).

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
award of the "Vietnam Era Medal" or showing his rank as Corporal/pay grade
E-4.




                                  ____Shirley L. Powell ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20020000059                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |13 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |118.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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