RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 September 2007
      DOCKET NUMBER:  AR20070004153


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Larry C. Bergquist            |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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, in effect, that his record be corrected to show
he served as a Platoon Leader instead of Section Leader while serving in
the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that from April to August 1968, where
his record shows he was a Section Leader, he was instead performing duties
as the Platoon Leader due to the shortage of lieutenants, and he would like
his records to reflect his performance of these duties in the RVN.

3.  The applicant provides a self-authored letter and an extract of his
Enlisted Qualification Record (DA Form 20) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that after serving in the Army National
Guard from 19 October 1947 through 9 September 1950, the applicant enlisted
in the Regular Army and entered active duty on 10 September 1950.  He
continuously served on active duty for 25 years, 9 months and 21 days until
being honorably released from active duty (REFRAD) for retirement, in the
rank of staff sergeant (SSG), on 30 June 1976.

3.  The applicant's DA Form 20 shows he served in the RVN from 20 August
1966 through 20 August 1967.  Item 38 (Record of Assignments) shows that
during his RVN tour, he was assigned to Troop F, 2nd Squadron, 11th Armored
Cavalry Regiment, performing duties in MOS 11D (Armor Intelligence
Specialist) as a Section Leader.  The applicant last audited the DA Form 20
on
16 August 1973.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents showing that the applicant served as a Platoon
Leader during any period during his assignment to the RVN.  The MPRJ does
contain Headquarters, II Field Force Vietnam General Orders Number 671,
dated 25 April 1967.  These orders awarded the applicant the Army
Commendation Medal (ARCOM) with "V" (Valor) Device for his heroism in
action in the RVN on
4 March 1967.  The citation contained in these orders indicates that the
applicant was serving as a squad leader with Troop F, 2nd Squadron, 11th
Armored Cavalry Regiment at that time.

5.  On 30 June 1976, the applicant was honorably REFRAD for retirement, in
the rank of SSG, after completing a total of 25 years, 9 months, and 21
days of active military service.

6.  Army Regulation 600-200 (Enlisted Personnel Management) prescribes the
policies, responsibilities, and procedures pertaining to career management
of Army enlisted personnel.  Chapter 9, in effect, at the time provided the
policy on preparing and maintaining the DA Form 20.  Paragraph 9-51
contained instructions for Item 38 entries.  It provided, in pertinent
part, that the Principle Duty entry in Item 38 would be based on the
member's duty position title on unit manning documents (TOE/TDA).  There
were no provisions for entering positions filled on a temporary basis or in
acting capacity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct the Principle Duty entry in Item 38
of his
DA Form 20 was carefully considered.  However, there is an insufficient
evidentiary basis to support granting the requested relief.

2.  Item 38 of the applicant's DA Form 20 lists his Principle Duty as
Section Leader during his tenure of assignment with Troop F, 11th Armored
Cavalry Regiment, in the RVN.  The applicant last audited the DA Form 20 on
16 August 1973, which was almost six years after he left the RVN.  In
effect, this audit was his verification that the information contained on
the DA Form 20, to include the Item 38 entry, was correct at that time.

3.  The applicant's MPRJ is void of any documents indicating that he was
ever assigned to or served in a Platoon Leader position, and the only
document on file for this period is an ARCOM with "V" Device order, which
shows the applicant was serving as a squad (section) leader at the time he
received the award on
4 March 1967.  As a result, there is an insufficient evidentiary basis to
support granting the requested relief.
4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LCB _  __MJNT _  __EIF___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  _____Larry C. Bergquist____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004153                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1976/06/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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