PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001064602


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Lester Echols		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 that his records be corrected to show his retired rank as staff sergeant (SSG)/pay grade E-6. He also requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal, the Good Conduct Medal, and the “Commendation” (correctly known as the Army Commendation Medal).

3. The applicant states that his retired rank should be E-6 and that his DD Form 214 does not reflect his Bronze Star Medal, Good Conduct Medal, and Army Commendation Medal. In support of his application, he submits a copy of his DD Form 214 (with an effective date of 15 June 1970), a letter of recommendation, orders awarding him the Bronze Star Medal, an endorsement requesting award of the Good Conduct Medal, and a citation for award of the Army Commendation Medal.

4. The applicant’s military records show that he enlisted in the Regular Army on 15 December 1966 for a period of three years. He completed infantry training and was assigned to the 1st Battalion (Airborne), 327th Infantry, in Vietnam from 20 June 1967 through 17 January 1969. While in Vietnam, the applicant reenlisted for another three years.

5. During his second period of service, the applicant was assigned to the 716th Military Police Battalion, 52nd Infantry in Vietnam from 20 July 1970 through 19 April 1971. He was honorably released from active duty on 27 September 1972 by reason of a physical disability and was placed on the Permanent Disability Retired List.

6. The applicant’s DD Form 214 (with an effective date of 27 September 1972) shows he was released from active duty in the rank of specialist four (SP4)/pay grade E-4.

7. The applicant was promoted to the rank of sergeant (SGT)/pay grade E-5, effective 27 January 1970, by 5th Infantry Division (Mechanized) and Fort Carson Special Orders Number 47, dated 16 February 1970.

8. The applicant provided a letter of recommendation, dated 26 March 1971, from the commanding officer of the 1st Battalion (Airmobile), 5th Cavalry, 1st Cavalry Division (Airmobile). In this letter, the commanding officer stated that the applicant was promoted to E-6 on or about 17 November 1971 by means of the Commanding General’s Impact Promotion program. However, there is no evidence available to the Board which shows the applicant was promoted to the rank of SSG/pay grade E-6 or that he held the rank of SSG/pay grade E-6.

9. On 22 December 1971, the applicant was convicted by a summary court-martial of being AWOL for nine days. He was sentenced to forfeiture of $150.00 pay per month for one month and was reduced to SP4.
10. The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) the applicant’s promotion to E-5 on 27 January 1970 and his reduction as a result by special court-martial on 27 December 1971. There is no entry in item 33 which shows the applicant was ever promoted to SSG/pay grade E-6.

11. Letter Orders Number D9-1057, dated 20 September 1972, relieved the applicant from assignment and duty and placed him on the retired list in the retired grade of SGT with an effective date of 28 September 1972.

12. A DA Form 3713 (Data for Retired Pay), dated 20 September 1972, in his records, shows the following data:

Block 2 (Active Duty Grade)      SP4
Block 3 (Retired Grade)           SGT
Block 8 (Highest Grade Attained)         SGT
Block 10 (Retired Pay Grade)     SGT

13. The applicant’s DD Form 214 (with an effective date of 27 September 1972) shows entitlement to the Bronze Star Medal and the Good Conduct Medal. Therefore, the Bronze Star Medal and the Good Conduct Medal will not be discussed further in these proceedings.

14. The applicant’s DD Form 214 (with an effective date of 27 September 1972) does not show the Army Commendation Medal as an authorized award. There are no orders in his records which show he was awarded the Army Commendation Medal. The applicant provided an incomplete copy of a citation in support of his claim for award of the Army Commendation Medal.

15. The Board noted that the applicant is entitled to award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge which are not shown on his discharge documents.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, the 716th Military Police Battalion, 52nd Infantry, was cited for award of the Presidential Unit Citation for actions during the period 31 January to 10 February 1968 by Department of the Army General Orders Number 17, dated 1969.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit in Vietnam, the 716th Military Police Battalion, 52nd Infantry, was cited for award of the Meritorious Unit Commendation for actions during the period 1 November 1968 to 31 October 1969 by Department of the Army General Orders Number 51, dated 1971.

18. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’ s unit in Vietnam, the 327th Infantry, 1st Battalion (Airborne), was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

19. The applicant was awarded the Combat Infantryman Badge by 1st Cavalry Division (Airmobile) Special Orders Number 264, dated 21 September 1970.

20. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1. Evidence available to the Board shows the applicant’s highest grade held on active duty was SGT/pay grade E-5.

2. He was reduced to the rank of SP4/pay grade E-4, effective 27 December 1971, as the result of a summary court-martial.

3. He was released from active duty on 27 September 1972 in the rank of SP4/pay grade E-4 and placed on the Permanent Disability Retired List in the retired grade of SGT.

4. The Board reviewed the letter of recommendation from the applicant’s commanding officer which stated that the applicant had been promoted to E-6 on or about 17 November 1971. However, there is no evidence of record which shows that the applicant was promoted to the rank of SSG/pay grade E-6 or that he held the rank of SSG/pay grade E-6.

5. Based on the foregoing, there is no basis for correcting the applicant’s records to show his retired grade as SSG/pay grade E-6.

6. There are no orders in the applicant’s records which show he was awarded the Army Commendation Medal.

7. The applicant submitted an incomplete citation in support of his claim for award of the Army Commendation Medal. In the absence of orders awarding him the Army Commendation Medal, the Board has determined that the citation alone is insufficient evidence as a basis for award of the Army Commendation Medal.

8. While the applicant was assigned to the 716th Military Police Battalion, 52nd Infantry, the unit was cited for award of the Presidential Unit Citation and the Meritorious Unit Commendation. Therefore, his records will be corrected to show these awards.

9. While the applicant was assigned to the 327th Infantry, 1st Battalion, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records will be corrected to show this award.

10. Orders show the applicant was awarded the Combat Infantryman Badge in September 1970. Therefore, his DD Form 214 (with an effective date of 27 September 1972) will be corrected to show the Combat Infantryman Badge.

11. 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 by amending the DD Form 214 (with an effective date of 27 September 1972) of the individual concerned to show he was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge.

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

BOARD VOTE:

FNE_____ MKP____ LE_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064602
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020207
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	102.0000
2.	107.0014
3.	107.0056
4.
5.
6.