PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 April 2001
         DOCKET NUMBER: AR2001051539


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Sherri V. Ward		Chairperson
Mr. George D. Paxson		Member
Mr. James E. Anderholm		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.

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2. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 21 August 1969 to show his rank as staff sergeant (E-6) instead of specialist five (E-5); to show military occupational specialty (MOS) 76W40 (petroleum storage specialist) instead of 63B20 (wheel vehicle repairman); and award of the Bronze Star Medal.

3. The applicant states, in effect, that his rank was staff sergeant, that his MOS was 76W40 and that he was awarded the Bronze Star Medal. In support of his application, he submits a copy of Special Orders Number 229, dated 17 August 1969, which show his rank as “SP5” [specialist five] and his MOS as 76W40; a copy of Special Orders Number 85, dated 26 March 1969, which show his rank as staff sergeant and his MOS as 76W40; a copy of General Orders Number 446, dated 14 July 1969, which award him the Bronze Star Medal and show his rank as staff sergeant, a copy of his DD Form 214 with an effective date of
21 August 1969; an Honorable Discharge Certificate from the USAR dated
15 February 1972; and orders discharging him from the USAR dated 26 January 1972.

4. The applicant’s military records show that he enlisted in the USAR on
16 February 1966 for a period of 6 years. He was ordered to active duty on
1 August 1966 for training and was released from active duty on 14 December 1966 and transferred to the USAR to complete his remaining obligation. He was ordered to active duty again on 13 May 1968 for a period of 24 months unless sooner relieved or extended. He served as a petroleum storage specialist in Vietnam from 24 September 1968 through 17 August 1969 and was honorably released from active duty in the rank of specialist five on 21 August 1969 to complete his remaining USAR obligation. The applicant was honorably discharged in the rank of specialist five from the USAR on 15 February 1972.

5. Item 5a (Grade, Rate or Rank) on the applicant’s DD Form 214 with an effective date of 21 August 1969 shows the entry “SP 5 (T)” [specialist five (temporary)]. Item 5b (Pay Grade) on the DD Form 214 shows the entry “E-5”. Item 23a (Specialty Number & Title) on the DD Form 214 shows the entry “63B20 Whl Veh Repmn” [wheel vehicle repairman]. The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.

6. Item 33 (Appointments and Reductions) on the applicant’s DA Form
20 (Enlisted Qualification Record) shows that he was promoted to specialist five effective 22 August 1968.

7. The applicant’s military records contain a Recommended List for Promotion of Enlisted Personnel, dated 18 March 1969, which shows the applicant was placed on the recommended list for staff sergeant (E-6). This list also states that individuals will be promoted in the order listed subject to availability of position vacancy, MOS restrictions and receipt of allocation and cancelled requisitions.
8. There are no orders in the available records which show the applicant was promoted to staff sergeant (E-6) prior to his release from active duty on
21 August 1969.

9. Headquarters United States Army Support Command, Da Nang, Special Orders Number 85, dated 26 March 1969, show the applicant was awarded primary MOS 76W with skill level “4” and secondary MOS 76P with skill level
“4” effective 21 March 1969. Primary MOS 76P with skill level “2” and secondary MOS 63B with skill level “2” were withdrawn. However, Army Regulation
611-201 states that skill level “4” identifies positions authorized in grade E-7 and that skill level “2” identifies positions authorized in grade E-5.

10. Headquarters United States Army Support Command, Da Nang, General Orders Number 446, dated 14 July 1969, show the applicant was awarded the Bronze Star Medal for meritorious service for the period September 1968 to July 1969.

11. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) provides for the enlisted military occupational specialty (MOS) classification structure for the Army. The regulation provides, in pertinent part, that the skill level denotes the level of qualification within the total MOS. Levels of qualification are identified by characters “0” through “5” in the fourth position of the MOS code. This regulation states that skill level ”2” identifies positions authorized in grade E-5 and skill level “4” identifies positions authorized in grade E-7.

CONCLUSIONS:

1. The applicant’s DD Form 214 with an effective date of 21 August 1969 shows his rank and pay grade as specialist five (E-5).

2. Notwithstanding the documents provided by the applicant which show his rank as staff sergeant (E-6), there are no orders available to the Board which show that the applicant was promoted to staff sergeant. Therefore, the applicant’s rank and pay grade on his DD Form 214 are correct as currently constituted.

3. The applicant’s DD Form 214 with an effective date of 21 August 1969 shows his MOS as 63B with skill level “2”. However, evidence of record shows that the applicant was awarded primary MOS 76W with skill level “4” effective 21 March 1969. Since the evidence of record shows that the applicant’s pay grade was
E-5 at the time of his separation on 21 August 1969, the Board determined that skill level “4” shown on the orders awarding the applicant primary MOS 76W was incorrect and should have reflected skill level “2”. Therefore, the applicant is entitled to correction of item 23a (Specialty Number & Title) on his DD Form 214 to show MOS 76W with skill level “2”.
4. The applicant was awarded the Bronze Star Medal. Therefore, he is entitled to correction of his DD Form 214 with an effective date of 21 August 1969 to show this award.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry “63B20 Whl Veh Repmn” in item 23a (Specialty Number & Title) on the DD Form 214 with an effective date of 21 August 1969 of the individual concerned; and

         b. by adding the entry “76W20 Petroleum Storage Specialist” in item
23a on the DD Form 214; and

         c. by adding the entry “Bronze Star Medal” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

SVW____ GDP___ JEA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Sherri V. Ward______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001051539
SUFFIX
RECON
DATE BOARDED	20010410
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19690821
DISCHARGE AUTHORITY	AR 635-200 Chapter 5
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	102.0200
2.	100.0500
3.	107.0014
4.
5.
6.