RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 November 2006
      DOCKET NUMBER:   AR20060005137


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 that his report of separation (DD Form 214) be
corrected to reflect his rank as specialist four (SP4).

2.  The applicant states, in effect, that he was advanced to the pay grade
of E-4 on 2 May 1969 and was subsequently permanently retired by reason of
physical disability in the rank of SP4.  However, his DD Form 214 was
prepared to reflect his rank as private first class (PFC).

3.  The applicant provides a copy of his promotion orders to the rank of
SP4, his permanent retirement orders in the rank of SP4, and a copy of his
DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 October 1969.  The application submitted in this case is
dated 24 March 2006.

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 Oakland, California on 11 August 1967 for a
period of 3 years.  He completed his basic combat training at Fort Bliss,
Texas and was transferred to Fort Sill, Oklahoma to undergo his advanced
individual training (AIT) as a cannon crewman.  He completed his AIT and
was transferred to Vietnam on 9 January 1968.

4.  He was initially assigned to B Battery, 7th Battalion, 9th Artillery
for duty as a cannoneer.  He extended his tour in Vietnam and on 20
February 1969, he was reassigned to the 187th Assault Helicopter Company
for duty as a door gunner.

5.  On 2 May 1969, he was advanced to the pay grade of E-4 (SP4) and on
21 May 1969, he was wounded in enemy action, when he was shot in the left
elbow by an enemy AK-47 rifle.  He was subsequently medically evacuated to
Letterman General Hospital, San Franscisco.

6.  On 6 October 1969, he was honorably released from active duty (REFRAD)
and was transferred to the Temporary Disability Retired List (TDRL) with a
100% disability rating.  His DD Form 214 issued at the time of his REFRAD
indicates that he was placed on the TDRL in the rank and pay grade of PFC E-
3.  He had served 2 years, 1 month, and 23 days of total active service.
It also indicates that he was awarded the National Defense Service Medal,
the Vietnam Service Medal (VSM), the Purple Heart, the Republic of Vietnam
Campaign Medal with Device “1960”, and the Air Medal.

7.  On 30 September 1971, the applicant was permanently retired in the rank
and pay grade of SP4/E-4 with a 40% disability rating.

8.  A review of the applicant’s official records indicates that in addition
to the awards listed on his DD Form 214, he was also awarded one silver
service star for wear on his VSM to denote his campaign participation, the
Good Conduct Medal (GCMDL), the Aircraft Crewman Badge, the Republic of
Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC)
Unit Citation, the Presidential Unit Citation (PUC) and the Sharpshooter
Marksmanship Qualification Badge with rifle bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was serving in the rank and pay
grade of SP4/E-4 has been noted and appears to have merit.  The applicant
was advanced to the pay grade of E-4 effective 2 May 1969.  Accordingly,
his DD Form 214 should be corrected to reflect in blocks 5a., 5b., and 6,
that his rank is SP4, pay grade E-4, and his date of rank (DOR) is 2 May
1969.

2.  Additionally, the applicant was awarded awards that were omitted from
his DD Form 214 that should be added at this time.

3.  Accordingly, his awards of one silver service star for wear on his VSM,
the GCMDL, the Aircraft Crewman Badge, the RVNGC w/Palm Unit Citation, the
RVNCAHM-FC Unit Citation, the PUC, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar should be added to his DD Form 214 at
time as well.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 5
October 1972.  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:

___JM__  ___SP___  ___DP __  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 by showing his rank, pay grade and DOR as
SP4/E-4/ 2 May 1969 and that he was awarded one silver service star for
wear on his VSM, the GCMDL, the Aircraft Crewman Badge, the RVNGC w/Palm
Unit Citation, the RVNCAHM-FC Unit Citation, the PUC, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.





                            ______John Meixell_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005137                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19691006                                |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |TDRL                                    |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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