PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 March 2001
	DOCKET NUMBER:   AR2000042617

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of the 27th Engineer Battalion After Action Report, Horace Greeley, dated 9 November 1969.

3.  The applicant states, in effect, that the after action report incorrectly identifies another officer as the first platoon leader of A company.  The applicant contends that he was always the 1st platoon leader and that Lieutenant K----- L C--was the 3d platoon leader.  In support of his application, he provided an undated letter of explanation, unit pictures, a 4 April 2000 statement from the 3d squad leader of the 1st platoon at the time in question, a strip map of the area of operation for Horace Greeley, two commendations for completion of the road project, and a 5 August 1999 request by the applicant to the Adjutant General of the Army for correction of the cited after action report.

4.  The applicant’s military records show that he entered active duty on 16 November 1966 in an enlisted status.  The applicant was commissioned as a second lieutenant with the military occupational specialty of a combat engineer on 8 September 1967.  The applicant served in Vietnam from September 1968 through 24 August 1969 and was released from active duty in the rank of captain on 7 September 1970.

5.  Paragraph 4 (Narrative) of the 27th Engineer Battalion After Action Report, Horace Greeley, dated 9 November 1969, describes the actions of the unit from 20 March 1969 to 16 August 1969.  This report states in lines number 46 in part, 47, 48, and 49 in part:  “On the morning of 13 June, the first platoon of A/27th led by Lt K----- L C--, supported by 4 tractors of the 59th, topped the eastern rim of hills surrounding the Ashau, and by 1200 hrs [hours] reached Route 548 on the valley floor.”

6.  The applicant provided historical records which show that Lt K----- L C-- was third platoon leader at the time in question and that the applicant was the first platoon leader at this same time.

7.  Section 1552 of Title 10 United States Code (10 U.S.C. 1552) is the law governing correction of military records.  Section 1552 (g) defines the term military record, in part, as a document or other record that pertains to (1) an individual member or former member of the armed forces, or (2) at the discretion of the Secretary of the military department concerned, any other military matter affecting a member or former member of he armed forces.

CONCLUSIONS:

1.  In this case, the applicant is requesting correction of a unit after action report prepared in Vietnam on 9 November 1969, not his service personnel records.  

2.  As such, the Board is considering this case under the provision of law which grants the Secretary of the military department discretion to consider any other matter affecting a member or former member of the armed forces.

3.  The applicant has provided evidence and his personnel records contain evidence which show that he was the first platoon leader of Company A on the morning of 13 June 1969 and that the after action report erroneously cited Lt K----- L C-- as the first platoon leader at this time.

4.  In view of the foregoing, the 27th Engineer Battalion After Action Report, Horace Greeley, dated 9 November 1969, should be corrected as recommended below.

RECOMMENDATION:

1.  That the Department of the Army records consisting of the 27th Engineer Battalion After Action Report, Horace Greeley, dated 9 November 1969, related to this case be corrected by deleting reference to Lt K----- L C-- on line 47 and replacing it with the rank and name of the applicant.

2.  That the directive correcting the cited after action report with the page corrected be distributed to the National Archives and Records Administration for filing with the copy of the after action report on file at that agency.

BOARD VOTE:  

__GJW__  __ALR__  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mr. Roger W. Able__
		        CHAIRPERSON

INDEX

CASE ID	AR2000042617	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
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. SCHNEIDER	
ISSUES         1.	100.0000.0000	
2.		
3.		
4.		
5.		
6.