RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050003335


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 (Armed Forces of
the United States Report of Transfer or Discharge) to show his rank and pay
grade as sergeant (SGT), E-5.

2.  The applicant states that his rank on his DD Form 214 is incorrect.

3.  The applicant provides his discharge orders from active service and the

U.S. Army Reserve.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 March 1970.  The application submitted in this case is dated
22 February 2005.

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 was inducted into the Army on 15 August 1968.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman).
He was assigned to Company E, 2nd Battalion, 1st Infantry, 196th Infantry
Brigade in Vietnam on 10 January 1969.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was
promoted to permanent grade private first class (PFC), E-3 on 12 January
1969 and temporary grade specialist four (SP4), E-4 on 5 July 1969.

5.  The applicant's DA Form 20 shows the applicant was promoted to
temporary grade SGT, E-5 on 11 October 1969 by Headquarters, Americal
Division Special Orders Number 277, dated 1969.

6.  Headquarters, Americal Division Special Orders Number 303 dated
30 October 1969 awarded the applicant primary MOS 11C40 in the rank of SGT.
7.  The applicant underwent a separation physical examination on 18 March
1970 which shows his rank as SGT.

8.  Headquarters, U.S. Army Personnel Center Special Orders Number 77 dated
18 March 1970 released the applicant from active duty on 18 March 1970 in
the rank of SGT, E-5.  On the date following, he was transferred to the
USAR.

9.  Item 5a on his DD Form 214 shows his rank as "SP4" and item 5b shows
his grade as "E-4."  His date of rank is shown as 5 July 1969.

10.  Department of the Army, Office of The Adjutant General Letter Orders
Number 07-1240054 dated 24 July 1974 discharged the applicant from the USAR
on 1 August 1974 in the rank of SGT.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time,
established standardized policy for the preparation of the DD Form 214.  In
pertinent part it stated that the grade in which enlisted personnel served
at the time of separation, indicating whether permanent or temporary, would
be entered in item 5a and pay grade in item 5b on the DD Form 214.  This
regulation also stated that if the grade shown in item 5 was not permanent,
the permanent grade, date of appointment, and date of rank will be entered
in item 30 (Remarks) on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Orders listed on the applicant's Enlisted Qualification Record show he
was promoted to temporary SGT, E-5 on 11 October 1969.  There is no
evidence of record which shows he was reduced to SP4, E-4 prior to his
release from active duty.  However, his DD Form 214 shows he was released
from active duty in the rank of SP4, E-4 with a date of rank of 5 July
1969.

2.  It appears that an administrative error has occurred in this case and
it would be appropriate to amend items 5a and 5b on the applicant's DD Form
214 to show "SGT" and "E-5," respectively.  In addition, it would be
appropriate to amend item 6 (Date of Rank) to show his date of rank as "11
October 1969" and to amend item 30 to show the entries "PFC (P); date of
rank 12 January 1969" and "SP4 (T); date of rank 5 July 1969."

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 March 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
17 March 1973.  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:

JA______  TO______  CK______  GRANT FULL 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:

      a.  by amending item 5a on his DD Form 214 to show the entry "SGT;"


      b.  by amending item 5b on his DD Form 214 to show the entry "E-5;"


      c.  by amending item 6 on his DD Form 214 to show the entry "11
October 1969;" and


      d.  by amending item 30 on his DD Form 214 to show the entries
"PFC(P); date of rank 12 January 1969" and "SP4 (P); date of rank 5 July
1969.




                            James Anderholm_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003335                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |129.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]