2. In effect, the widow of the deceased former service (FSM) member requests that her deceased husband be posthumously promoted to his former rank and pay grade of Specialist Four (SP4) E-4. She states that her husband was a decorated hero, and his head stone should show that he was a SP4, medical aidman.
3. The FSM was inducted on 26 July 1967, completed training as a medical specialist, and in January 1968 was transferred to a medical battalion in Vietnam, and in October 1968 to an infantry unit of the 1st Cavalry Division.
4. On 4 June 1968 the FSM was promoted to SP4. The FSM was wounded in action on 4 December 1968 and on 12 December 1968 he was awarded the Purple Heart Medal. On 11 January 1969 he was awarded the Bronze Star Medal with V device for his heroic acts on 4 December 1968.
5. The FSM was transferred to Madigan General Hospital (as a patient) in Tacoma, Washington on 19 December 1968, was discharged from that hospital and in March 1969 was reassigned to Fort Lewis, Washington. The FSM served in four campaigns while in Vietnam, and the unit in which he served during his tour was awarded the Meritorious Unit Commendation with oak leaf cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. On 6 May 1969 the FSM received nonjudicial punishment under Article 15, UCMJ, and was reduced to Private First Class. On 4 June 1969 he was awarded the Expert Qualification Badge with rifle bar. On 17 June 1969 he was barred from reenlisting. On 11 July 1969 he again received nonjudicial punishment and was reduced to Private E-1.
7. The FSM was released from active duty on 29 July 1969 at Fort Lewis. He had 2 years of active service and
4 days of lost time. His rank and pay grade on his
DD Form 214 (Report of Transfer or Discharge) is shown as Private E-1. It does not show award of the Bronze Star Medal with V device, the Purple Heart Medal, the Expert Qualification Badge with rifle bar, or the Combat Medical Badge. It also does not indicate that he served in four campaigns in Vietnam, nor does it show award of the Meritorious Unit Commendation with oak leaf cluster or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
8. The FSM was discharged from the Army (Standby Reserve) on 1 July 1973 at the expiration of his term of service. He received an honorable discharge. His rank on the discharge order is shown as Private, pay grade E-2.
9. Army Regulation 600-8-22 provides, in pertinent part,
that the Combat Medical Badge is awarded to medical
department personnel (colonels and below) who are
assigned or attached to a medical unit of company or
smaller size that is organic to an infantry unit of
brigade, regimental or smaller size which is engaged in
active ground combat. Battle participation credit is
not sufficient; the infantry unit must have been in
contact with the enemy.
10. The aforementioned regulation provides for award of the Vietnam Service Medal (VSM) and states, in pertinent part, that the VSM is awarded to all members of the Armed Forces serving in Vietnam from 3 July 1965 through 28 March 1973. One bronze service star is authorized for each campaign.
11. Army Regulation 600-8-19, paragraph 1-24, prescribes the criteria and eligibility for posthumous promotion for soldiers who died while on active duty, and states in effect, that a soldier must have been officially recommended for promotion before the date of his death. However, a soldier who has been discharged from the Army has no military status and there are no provisions in this regulation that provide for the promotion of a soldier who has been discharged.
CONCLUSIONS:
1. This Board recognizes the sacrifices made and the service rendered by the former soldier, and sympathizes with the applicant. Nonetheless, the rank and pay grade of the FSM at the time of his release from active duty was Private E-1. He is not entitled to a posthumous promotion to his former rank of SP4, simply because he once held that rank. Therefore, the applicants request must be rejected.
2. The FSM was awarded the Bronze Star Medal with V device, the Purple Heart Medal, and Expert Qualification Badge with rifle bar. Additionally, he is entitled to award of the Combat Medical Badge, the Meritorious Unit Commendation with oak leaf cluster, the Republic of Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. All of his awards should be shown on his DD Form 214.
3. In view of the foregoing findings and conclusions, it would be appropriate to correct the records of the FSM as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with V device, the Purple Heart Medal, the Expert Qualification Badge with rifle bar, the Republic of Vietnam Service Medal with four bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. That a new DD Form 214 be issued and forwarded to the widow of the former soldier, reflecting the above awards, in addition to that data shown on the current DD Form 214.
3. That so much of the application as in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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