PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 April 2003
         DOCKET NUMBER: AR2002079803


         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
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Ms. Linda M. Barker		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 reflect that he was promoted to the pay grade of E-5 with entitlement to all back pay and allowances and that he was awarded the Purple Heart and Bronze Star Medal (BSM).

3. The applicant states, in effect, that prior to being wounded in Vietnam, he was given orders promoting him to the pay grade of E-5; however, shortly after, he was wounded and when his personal effects caught up with him, the promotion orders were not among his effects. He further states that he previously attempted to resolve this matter to no avail. He goes on to state that he was also awarded the Purple Heart and the BSM which were not included on his report of separation (DD Form 214). In addition, his BSM shows it being awarded in the rank of sergeant (E-5). He continues by stating that he never enjoyed the privileges associated with being a noncommissioned officer (NCO) and desires to be buried in his uniform in the rank of sergeant. He also desires all back pay and allowances due him.

4. The applicant’s military records show that he was inducted on 7 June 1968 and successfully completed his training at Fort Jackson, South Carolina. He was transferred to Vietnam on 2 November 1968, for duty as a light weapons infantryman assigned to the 1^st Battalion, 20^th Infantry Regiment. He was advanced to the pay grade of E-4 on 6 January 1969.

5. On 30 August 1969, he was wounded in action when his vehicle struck a mine. He was subsequently medically evacuated from a hospital in Vietnam to a Naval Hospital in Portsmouth, Virginia.

6. On 3 March 1970, he was retired by reason of permanent physical disability in the pay grade of E-4. He had served 1 year, 8 months and 27 days of total active service and his DD Form 214 shows that he was awarded the Combat Infantryman Badge (CIB), the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal.

7. A review of his records shows that he was awarded the BSM for meritorious achievement on 14 October 1969. The citation for the BSM indicates it was awarded in the rank of sergeant for the period of October 1968 to September 1969.

8. His records also show that on 15 July 1970, he wrote to The Adjutant General (TAG) of the Army and indicated that the battalion executive officer had visited him in the field hospital and had informed him that he had been promoted to the rank of sergeant. In addition, he subsequently received the BSM indicating his rank as sergeant. However, he never received the promotion or the pay.


9. On 8 February 1971, TAG responded to the applicant's letter and informed him that hospital commanders had the authority to promote soldiers wounded in action against the enemy if they were recommended by their previous commander prior to hospitalization and appeared on a promotion standing list to the higher grade. A review of records showed that the applicant did not have promotion list standing prior to his hospitalization and therefore was not eligible for promotion. He (TAG) also indicated that he regretted that the BSM had been awarded as a sergeant instead of as a specialist four (SP4).

10. On 11 December 1972, TAG authorized the issuance of three bronze service stars for wear on his already awarded VSM.

11. On 10 August 1973, TAG awarded the applicant the Purple Heart for wounds received in Vietnam on 30 August 1969.

12. A review of the applicant's Official Military Personnel File (OMPF) shows that he had excellent conduct and efficiency ratings throughout his service and is absent of any derogatory information.

13. A review of the applicant's OMPF fails to show any indication that the applicant was ever promoted to the rank of E-5 or that he held promotion list status to that grade.

14. Army Regulation 672-5-1, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

15. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation for service in Vietnam during the period the applicant served with that unit.



CONCLUSIONS:

1. The Board has noted the applicant's contention that he was promoted to the pay grade of E-5 prior to being wounded; however, neither the evidence of record or the evidence submitted with his application shows that he was in fact promoted to the pay grade of E-5.

2. While the applicant was awarded the BSM in the rank of sergeant, TAG explained in 1971, when information was more readily available and current, that he was not eligible for promotion and that an administrative error resulted in the BSM be awarded in the rank of sergeant instead of SP4. Accordingly, absent orders which show an effective date of promotion and a date of rank, the Board finds no basis to promote him at this time.

3. However, the applicant was subsequently awarded the BSM, the Purple Heart and three bronze service stars for wear on his already awarded VSM, which were not included on his DD Form 214. Therefore, it would be in the interest of justice to do so at this time

4. Additionally, the applicant's unit was subsequently awarded the RVNGC w/Palm Unit Citation which was not included on his DD Form 214 and should be done at this time.

5. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 7 June 1968 to 3 March 1970. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

6. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

7. 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:

a. by awarding the individual concerned the AGCM for the period of 7 June 1968 through 3 March 1970 and the RVNGC w/Palm Unit Citation; and

         b. by correcting his records to show his awards of the Purple Heart, the BSM, three bronze service stars, the AGCM and the RVNGC w/Palm Unit Citation.

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

BOARD VOTE:

___rjw __ __bje ___ _lb______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079803
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/04/08
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 189	110.0000/CORR 214
2. 102	107.0056/AGCM
3. 140	107.0094/RVNGC
4. 310	131.0000/PROM
5.
6.