RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 February 2006
      DOCKET NUMBER:  AR2005010226


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Mark W. Schaefer              |     |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, in effect, that his separation document (DD
Form 214) be corrected to reflect the proper rank and pay grade, and by
adding all unit awards and citations.

2.  The applicant states, in effect, he earned his rank, as he did his
awards, in the service of his country, and his records should reflect this.


3.  The applicant provides his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 10 February 1971.  The application submitted in this case
is dated 18 May 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’s records show he was inducted into the Army and entered
active duty on 11 February 1969.  He was trained in, awarded and served in
military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  His
record shows he attained the rank of specialist four (SP4) on 5 November
1968, and that this is the highest rank he attained while serving on active
duty.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item
31 (Foreign Service), that the applicant served in the Republic of Vietnam
(RVN) from 5 July 1969 through 3 July 1970.  During this RVN, he was
assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 1st
Infantry Regiment, 196th Infantry Brigade, Americal Division, performing
duties in MOS 63B as a wheel vehicle mechanic.

5.  Item 33 (Appointments and Reductions) of the applicant’s DA Form 20
that he was reduced from SP4 to private first class (PFC) for cause on 9
February 1970; and that he was reduced from PFC to private/E-2 (PV2) for
cause on
18 December 1970.  It also shows that he was promoted back to PFC on
28 January 1971; however, the orders authorizing this promotion are not on
file in his Military Personnel Records Jacket (MPRJ).

6.  The last order on file in the applicant’s MPRJ is dated 21 January 1971
and  directed his release from active duty on 10 February 1971.  This order
was issued after his departure from the RVN upon his arrival at Fort
Belvoir, Virginia for separation processing.  The applicant’s standard name
line in these orders shows his rank as PV2.

7.  On 10 February 1972, the applicant was honorably separated after
completing a total of 2 years of active military service.  Item 5a (Grade,
Rate or Rank) shows his rank and pay grade as PV2/E-2 and Item 5b (Pay
Grade) shows his pay grade as E-2.  The DD Form 214 he was issued shows his
rank and pay grade as PV2/E-2.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
he earned the following awards during his tenure on active duty:  National
Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with
Device 1960; and Sharpshooter Qualification Badge with Rifle Bar.  The
applicant authenticated the DD Form 214 with his signature in Item 32
(Signature of Person Being Transferred or Discharged).

8.  Army Regulation Army Regulation 600-8-22 (Military Awards) prescribes
Army policy and criteria concerning individual military awards.  Paragraph
2-13 contains guidance on award of the Vietnam Service Medal.  It states,
in pertinent part, that a bronze service star is authorized with this award
for each campaign a member participated in while serving in the RVN.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (HHC, 2nd Battalion, 1st
Infantry Regiment) received the Valorous Unit Award and RVN Gallantry Cross
with Palm Unit Citation.  It also confirms that during the period of his
service in the RVN, campaign credit was granted for the Vietnam Summer-
Fall, Vietnam
Winter-Spring, Sanctuary Counteroffensive and Vietnam Counteroffensive
Phase VII campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his rank and pay grade was incorrectly
listed on his DD Form 214 was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  Although there is a DA Form 20 entry that indicates the applicant was
promoted back to PFC on 21 January 1971, the orders authorizing this
promotion are not on file in his record.  The last order on file in his
MPRJ is a 21 January 1971 order directing his REFRAD, which lists his rank
as PV2.  Further, his DD Form 214 lists his rank and pay grade as PV2/E-2
and the applicant authenticated this document with his signature on the
date of his separation.  In effect, his signature was his verification that
the information contained on the separation document, to include the rank
and pay grade entries, was correct at the time the document was prepared
and issued.  Therefore, there is an insufficient evidentiary basis to
support granting the requested relief at this time.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration regarding his rank and pay grade on
10 February 1971, the date of his separation.  Therefore, the time for him
to file a correction of any error or injustice related to this issue
expired on 9 February 1974.  However, he failed to file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

4.  The evidence of record does show that based on his RVN service and
campaign participation, he is entitled to the Valorous Unit Award, RVN
Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with
his Vietnam Service Medal.  The omission of these awards is an
administrative matter that does not require Board action to correct.
Therefore, his records will be administratively corrected by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MKP _  __MWS _  ___RSV_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined the applicant is entitled to the Valorous Unit
Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 4
bronze service stars with his Vietnam Service Medal.  Therefore, it
requests the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to these awards, and by providing him a
corrected separation document that includes these awards.




            ____Margaret K. Patterson     _
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050010226                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/02/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/02/10                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Admin Note                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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