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ARMY | BCMR | CY2002 | 2002075074C070403
Original file (2002075074C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 September 2002
         DOCKET NUMBER: AR2002075074


         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. Fred N. Eichorn Chairperson
Ms. Barbara J. Ellis Member
Mr. William D. Barr 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 Report of Transfer or Discharge, DD Form 214, be corrected to show his grade and rank as Specialist Five (SP5), E-5.

3. The applicant states that he was a SP5, not a Specialist Four (SP4), E-4. He provides a copy of a Military Pay Voucher, DA Form 2139, for pay period 1 - 28 September 1969 as supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 26 February 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 52B (Power Plant Operator).

5. The applicant arrived in Vietnam and was assigned to A Battery, 6th Battalion, 56th Artillery on 28 August 1968. He was promoted to SP5 (temporary) on Special Orders 9, Headquarters, Americal Division dated 9 January 1969 with a date of rank of 24 December 1968. He was reassigned to Headquarters and Headquarters Company, 196th Infantry Brigade on 25 July 1969. He departed Vietnam on 26 September 1969 after being credited with four campaigns.

6. The applicant was released from active duty on 28 September 1969 after completing 1 year, 7 months, and 1 day of creditable active service with no lost time. His Enlisted Qualification Record, DA Form 20, shows his last grade held as SP5, E-5. His separation orders show he was separated as a SP5. His last pay voucher, for the period 1 - 28 September 1969, shows he was paid as an E-5. His DD Form 214, items 5a, 5b, and 6 show his rank, grade, and date of rank as SP4 (temporary), E-4, 10 July 1968.

7. The applicant's DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service. Item 24 of his DD Form 214 shows he was awarded the National Defense Service Medal, the Marksman Qualification Badge Rifle M-14, the Expert Qualification Badge Rifle M-16, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and two overseas bars.

8. 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. It also provided for award of one bronze service star to wear on the appropriate service medal for each credited campaign.


9. Department of the Army Pamphlet 672-3 shows that Headquarters and Headquarters Company, 196th Infantry Brigade was awarded the Valorous Unit Award for the period 11 - 31 August 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August - 31 December 1969.

CONCLUSIONS:

1. The evidence of record shows the applicant was a temporary SP5 at the time he separated and that his DD Form 214 fails to show his correct rank, grade, and date of rank.

2. The applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 26 February 1968 - 28 September 1969. He is also authorized to wear four bronze service stars on the Vietnam Service Medal.

3. The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He is authorized to wear these unit awards, also.

4. 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 26 February 1968 - 28 September 1969.

2. That the applicant's DD Form 214:

a. items 5a, 5b, and 6 be corrected to show his rank, grade, and date of rank as SP5 (temporary), E-5, 24 December 1968; and

b. item 24 be corrected to add the Army Good Conduct Medal, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear four bronze service stars on the Vietnam Service Medal.

BOARD VOTE:

__FNE __ __ BJE _ __WDB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn _
                  CHAIRPERSON




INDEX

CASE ID AR2002075074
SUFFIX
RECON
DATE BOARDED 2002/09/10
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.



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