RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060005560


      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. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) to show he was promoted to
sergeant (SGT), E-5.  He also requests that all the awards to which he is
entitled be added to his DD Form 214.

2.  The applicant states, in effect, that his DD Form 214 does not show his
rank of SGT, E-5 and all the awards he earned.

3.  The applicant provides a copy of his DD Form 214 and his Honorable
Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 31 October 1969.  The application submitted in this case is dated 7
April 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 the Regular Army on 1 November 1966 for a
period of three years.  He completed basic combat training and advanced
individual training (AIT).  At the completion of AIT, he was awarded
military occupational specialty 11B (Light Weapons Infantryman).  He was
assigned to Troop B, 7th Squadron, 17th Air Cavalry in Vietnam on 10
October 1967.

4.  The applicant was promoted to specialist four (SP4), E-4 on 17 December
1967.

5.  He departed Vietnam on 7 October 1968 and was reassigned to Fort
Gordon, Georgia as a drill sergeant.

6.  Headquarters, United States Army School/Training Center and Fort Gordon
Special Orders Number 285, dated 15 October 1969, released the applicant
from active duty on 31 October 1969 in the rank of SP4.  On the date
following, he was transferred to the U.S. Army Reserve (USAR) Control
Group.
7.  The applicant's DD Form 214 shows his rank as SP4 in item 5a (Grade,
Rate, or Rank) and his pay grade as E-4 in item 5b (Pay Grade).  His date
of rank is shown as 17 December 1967.

8.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Republic of Vietnam Campaign Medal with Device (1960), the
Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service
Medal, the Combat Infantryman Badge, two Overseas Service Bars, and the
Purple Heart with First Oak Leaf Cluster.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of applicant's
assignment to Troop B, 7th Squadron, 17th Cavalry, this unit was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders Number 21, dated 1969.

10.  Department of the Army, Office of The Adjutant General Letter Orders
Number 09-1348161, dated 20 September 1972, discharged the applicant from
the USAR on 31 October 1972 in the rank of SP4.  After a break in service,
the applicant enlisted in the USAR on 21 September 1974.

11.  Headquarters, 687th Supply and Service Battalion Orders Number 7-1,
dated 24 February 1977, promoted the applicant to SGT, E-5 with an
effective date and date of rank of 24 February 1977.

12.  The applicant was issued a DD Form 215 (Correction to DD Form 214),
dated 25 July 1980, which added the Vietnam Service Medal with four bronze
service stars and the Army Good Conduct Medal to his DD Form 214.

13.  He was discharged from the USAR on 1 September 1981 in the rank of
SGT.  He subsequently served in the Army National Guard.

14.  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.  In pertinent
part it states that the DD Form 214 is a synopsis of the Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to SP4 on 17 December 1967.

2.  Orders show the applicant was released from active duty on 31 October
1969 in the rank of SP4, E-4.  His DD Form 214 is meant to reflect his
status as of his last day of active duty on 31 October 1969.  As of that
date, he was a SP4, E-4.

3.  The evidence of record shows the applicant was promoted to SGT while he
was a member of the Reserve.  Therefore, his DD Form 214 accurately
reflects his rank and pay grade as SP4, E-4.

4.  The applicant was assigned to Troop B, 7th Squadron, 17th Air Cavalry
during a period it was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Therefore, this award should be added to
his DD Form 214.

5.  There is no evidence of record which shows the applicant is entitled to
any additional awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1969; therefore, the time
for
the applicant to file a request for correction of any error or injustice
expired on 30 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:

________  ________  ________  GRANT FULL RELIEF

JI______  GP______  KJ______  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 adding the Republic of
Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
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 his DD Form 214 to show his rank as SGT, E-5.




                            John Infante__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005560                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|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. Chun                                |
|ISSUES         1.       |131.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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