PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 December 2002
	DOCKET NUMBER:   AR2002078182

	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. Nancy L. Amos | | Analyst

  The following members, a quorum, were present:

| Mr. Roger W. Able | | Chairperson
| Ms. Karen Y. Fletcher | | Member
| Mr. Bernard P. Ingold | | 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 that his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be amended to show his rank and grade as Specialist Five, E-5, and his military occupational specialty (MOS) as 94B20.

3.  The applicant states that his DD Form 214 shows his rank as Specialist Four but he was promoted to Specialist Five.

4.  The applicant’s military records show that he was inducted into the Army on 12 January 1968.  He completed basic combat training and advanced individual training and was awarded MOS 94B (Cook).

5.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 327th Infantry, 101st Airborne Division on or about      19 June 1968 where he performed duties as a 94B20, cook.

6.  The applicant departed Vietnam on 28 May 1969 after receiving credit for participating in four campaigns.

7.  Special Orders 151, Headquarters, 101st Airborne Division dated 31 May 1969 promoted the applicant to the temporary rank of Specialist Five, E-5, with an effective date of 9 May 1969 in MOS 94B.  

8.  The applicant was released from active duty and transferred to the U. S.  Army Reserve on 9 January 1970 after completing 1 year, 11 months, and        28 days of creditable active service with no lost time.  Items 5a and 5b of his DD Form 214 show his rank as temporary Specialist Four, E-4.  Item 6 shows his date of rank as 7 October 1968.  Item 23a shows his MOS as 95B20 Cook.

9.  Item 24 of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with device 1960, the Bronze Star Medal, the Army Commendation Medal, two overseas bars, and the Marksman Qualification Badge Rifle M-16.

10.  The applicant's Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his service.

11.  The applicant was discharged from the U. S. Army Reserve on 1 January 1974 in the rank of Specialist Five, MOS 94B20.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  The regulation also provided for the wear of one bronze service star on the appropriate service medal for each credited campaign.

13.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register shows that the 2d Battalion, 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 - 14 May 1969 on Department of the Army General Orders (DAGO) 43 dated 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation for the period 18 March 1968 - 2 May1970 on DAGO   48 dated 1971.

CONCLUSIONS:

1.  The evidence of record shows there are errors on the applicant's DD Form 214 concerning his rank and grade and his MOS.

2.  The applicant was promoted to Specialist Five in MOS 94B on orders published by his command in Vietnam after he had already departed Vietnam.  It appears these orders were never posted to his personnel records, resulting in the incorrect entries in items 5a, 5b, and 6 of his DD Form 214.

3.  The applicant was awarded MOS 94B and served in MOS 94B throughout his service.  The MOS entered in item 23a of his DD Form 214, "95B20," is the MOS for Military Policeman and appears to have been a typographical error.

4.  The applicant met the eligibility requirements for award of the Army Good Conduct Medal for the period 12 January 1968 - 9 January 1970.  He is also authorized to wear four bronze service stars on the Vietnam Service Medal.  His DD Form 214 should be corrected to add these awards.

5.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  His DD Form 214 should be corrected to add these unit awards.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 12 January 1968 - 9 January 1970.

2.  That the applicant's DD Form 214 be:

     a.  corrected in items 5a and 5b to show his rank and grade as temporary Specialist Five, E-5;

     b.  corrected in item 6 to show his date of rank as 9 May 1969; 

     c.  corrected in item 23a to show his MOS as 94B20 Cook; and

     d.  corrected in item 24 to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation and to show he is authorized to wear four bronze service stars with the Vietnam Service Medal.

BOARD VOTE:  

__RWA__  __KYF___  __BPI__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Roger W. Able__
		    CHAIRPERSON

INDEX

CASE ID | AR2002078182
SUFFIX |
RECON |
DATE BOARDED | 2002/12/12
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | FULL GRANT
REVIEW AUTHORITY |
ISSUES         1. | 100.00
2. |
3. |
4. |
5. |
6. |