RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2007
      DOCKET NUMBER:  AR20060010945


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 Transfer or Discharge (DD
Form 214) be corrected to show that he was released from active duty in the
rank and pay grade of sergeant (E-5).  He also requests that he be
furnished his "permanent records".

2.  The applicant states, in effect, that his DD Form 214 erroneously
reflects his rank and pay grade as specialist (E-4).  He states that he was
severely wounded in Vietnam in March 1969 and that he was separated on
temporary records after he was released from the hospital.  He states that,
in effect, that he would like to have the information contained in his
permanent records reflected on his DD Form 214.  He states that his
permanent records will show the decorations, medals, badges, commendations,
citations and campaign ribbons that he was awarded or authorized and the
training that he completed.  He states that his DD Form 214 does no reflect
the extent of his service and that there are errors contained therein.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 July 1969.  The application submitted in this case is
dated 24 July 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.  On 31 August 1966, he enlisted in the Army in Seattle, Washington, for
3 years, in the pay grade of E-1.  He successfully completed his training
as a combat engineer.  He was promoted to the pay grade of E-2 on
31 December 1966 and he was transferred to Vietnam on 17 January 1967.

4.  The applicant was promoted to the pay grade of E-3 on 17 March 1967,
and he was promoted to the pay grade of E-4 on 27 October 1967.

5.  Orders were published on 9 May 1968, temporarily promoting the
applicant to the rank and pay grade of sergeant (E-5) with an effective
date of 15 April 1968.

6.  The applicant returned to the Continental United States on 11 December
1968 and he was hospitalized until he was honorably released from active
duty (REFRAD) on 10 July 1969, and he was transferred to the United States
Army Reserve Control Group (Reinforcement).  He had completed 2 years and
10 months of total active service.

7.  Item number 5a (Grade, Rate or Rank) and 5b (Pay Grade) on the DD Form
214 that he was furnished at the time of his discharge shows his rank as
specialist and his pay grade as E-4 and his rank and pay grade as temporary
(T) with a 15 April 1968 date of rank.  In item number 30 (Remarks) on his
DD Form 214 the phrase "Item 5a:  PFC (P) E-3 Appointed 15 October 67" is
reflected.

8.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.

9.  The Army is not the custodian of the applicant's Official Military
Personnel File (OMPF).  The National Personnel Records Center in St. Louis,
Missouri, has the responsibility for archiving military personnel records.
The fastest way to obtain a copy of his records is to apply on line at:
http://www.archives.gov/ or, he may request a copy of his records by
filling out the enclosed Standard Form 180 (Request Pertaining to Military
Records) and mailing it to the address indicated on the back.







DISCUSSION AND CONCLUSIONS:

1.  The applicant was temporarily promoted to the rank and pay grade of
sergeant (E-5) on 15 April 1968.  His DD Form 214 erroneously indicates
that he was temporarily promoted to the rank and pay grade of specialist (E-
4) on 15 April 1968, when in fact, he was permanently promoted to the pay
grade of
E-4 on 27 October 1967.  Clearly an error was made during the preparation
of his DD Form 214 and his records show be corrected to reflect the rank
and pay grade that he held at the time of his REFRAD.

2.  Additionally, the phrase "Item 5a:  PFC (P) E-3 Appointed 15 October
67" that is currently reflected in the remarks section of his DD Form 214
is incorrect and should be corrected to reflect his final permanent rank,
pay grade and the date of promotion.

3.  Although the applicant is not entitled to the OMPF that was created on
him by the Army, he may request a copy of his OMPF by either applying on
line at the previously mentioned address or he may request a copy by
filling out the enclosed Standard Form 180 and mailing it to the address
indicated on the back.

4.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 July 1972.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence and
argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS_  ___RSV__  ___J____  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 show the rank and pay grade at the time of his REFRAD as sergeant (E-
5) (T), and correcting the information currently reflected in Item Number
30 to read "Item 5a: SPC (P) E-4 Appointed 27 October 67".

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
furnishing him a copy of his OMPF, which must be completed by the records
custodian.





                            _____Linda D. Simmons____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010945                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  302  |129.0000/PAY GRADE                      |
|2.  189                 |110.0000/SEPARATION DOCUMENT            |
|3.  1021                |100.0000/ADMINISTRATIVE MATTERS         |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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