PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 January 2003
         DOCKET NUMBER: AR2002078121


         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:

Ms. Kathleen A. Newman		Chairperson
Ms. Gail J. Wire		Member
Mr. Patrick H. McGann		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 records to show his rank as sergeant (SGT)/pay grade E-5. He also requests correction of his records to show award of the Purple Heart, the Overseas Service Ribbon, the Army Commendation Medal, three awards of the Army Achievement Medal, and the Good Conduct Medal.

3. The applicant states that his rank was "raised" to an E-5 sometime in 1993. He contends that he was shot in the neck while on duty during Desert Storm and was treated in a MASH unit. He states that he was stationed in Germany in 1990 prior to going to the Gulf. He also states that he was sent back to Germany after three tours in the Gulf. He claims that he did not return to the United States until September 1993 when he was stationed in Georgia for the remainder of his service. In support of his application, he submitted a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

4. The applicant’s military records show that he initially served in the U.S. Marine Corps from 3 June 1983 to 2 May 1986. He enlisted in the Regular Army on 3 April 1990 for a period of four years. He completed training as a track vehicle mechanic and served in Southwest Asia from 7 December 1990 to 3 May 1991. The applicant was honorably discharged from active duty on 2 April 1994.

5. The applicant's DD Form 214 shows he was discharged from active duty in the rank of specialist four (SP4)/pay grade E-4 with an effective date of pay grade of 1 July 1991.

6. The applicant's personnel records contain Headquarters U.S. Army Infantry Center Orders Number 005-1172, dated 5 January 1994, which discharged him from active duty in the rank of SP4. His records do not contain his DA Form 2-1 (Personnel Qualification Record). There is no evidence of record available to the Board which shows the applicant was promoted to SGT/pay grade E-5.

7. The applicant's DD Form 214 does not show the Purple Heart, the Army Commendation Medal, three awards of the Army Achievement Medal or the Good Conduct Medal as authorized awards. His discharge document does show entitlement to the Overseas Service Ribbon. Therefore, the Overseas Service Ribbon will not be further discussed in these proceedings.

8. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. The applicant's medical records are not available for the Board's review.

9. There are no orders which show the applicant was awarded the Army Commendation Medal and there is no evidence that he was recommended for award of the Army Commendation Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

10. There is no evidence of record which shows the applicant was awarded the first, second or third award of the Army Achievement Medal. His records do not contain evidence that shows he was recommended for any award of the Army Achievement Medal. The applicant did not provide copies of orders or award certificates in support of his claim for three awards of the Army Achievement Medal.

11. The applicant's personnel records contain Headquarters U.S. Army Infantry Center Permanent Orders Number 073-00038, dated 19 April 1993, which awarded him the first award of the Good Conduct Medal for the period 3 April 1990 to 2 April 1993.

12. Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 4a (Grade, Rate or Rank) and 4b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was "raised" to E-5 sometime in 1993.

2. However, there are no orders in the applicant's records which show he was promoted to SGT/pay grade E-5. The applicant's DD Form 214 shows he was discharged in the rank of SP4/pay grade E-4 and orders show he was discharged in the rank of SP4/pay grade E-4.

3. There is no evidence of record available to the Board which shows the applicant was promoted to SGT prior to his discharge. Therefore, there is no basis for correcting his DD Form 214 to show his rank as SGT.

4. The Board considered the applicant's contention that he was shot in the neck while on duty in Desert Storm and was treated in a MASH unit.

5. There is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds due to hostile action. There are no medical documents which show he was treated for wounds sustained during Operation Desert Storm. Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6. The Board also considered the applicant's request for correction of his records to show award of the Army Commendation Medal.

7. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal. Therefore, there is no basis for awarding the applicant the Army Commendation Medal.

8. The Board also considered the applicant's request for correction of his records to show three awards of the Army Achievement Medal.

9. There is no evidence of record available to the Board which shows the applicant was recommend for or awarded any awards of the Army Achievement Medal. Therefore, there is no basis for granting the applicant's request.

10. Orders show the applicant was awarded the Good Conduct Medal for the period 3 April 1990 to 2 April 1993. Therefore, his DD Form 214 will be amended to show award of the Good Conduct Medal.

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 showing the individual concerned was awarded the Good Conduct Medal.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

KAN____ GJW____ PHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Kathleen A. Newman____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078121
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020123
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.	129.0500
2.	107.0000
3.
4.
5.
6.