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Decision Text

ARMY | BCMR | CY2002 | 2002080826C070215
Original file (2002080826C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2002080826


         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. John N. Slone Chairperson
Mr. Thomas Lanyi Member
Mr. Bernard P. Ingold 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 correction of his records to show the Presidential Unit Citation for his assignment with the Studies and Observations Group, United States Military Assistance Command, Vietnam (SOG-MACV) and the Alaska Distinguished Service Medal. He also requests correction of his records to show he completed the U.S. Army Sergeants Major Academy (USASMA).

3. The applicant's request for correction of his records to show award of the Alaska Distinguished Service Medal has been addressed by separate correspondence. Therefore, award of the Alaska Distinguished Service Medal will not be discussed further in these Proceedings.

4. The applicant states that these actions were omitted when his records were prepared. In support of his application, he submitted a supplemental letter, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), special orders issued by the 5th Special Forces Group (Airborne), 1st Special Forces dated 21 July 1970, his DA Form 1059 (Service School Academic Evaluation Report), dated 21 January 1977, an award certificate showing he was awarded the Alaska Distinguished Service Medal, and an extract from the Alaska Army National Guard Regulation 672-1.

5. The applicant’s military records show that he served in the Army National Guard from 21 October 1958 to 18 March 1959. He enlisted in the Regular Army on 19 March 1959 and was honorably released on 12 April 1962. He later served in the U.S. Army Reserve (USAR) from October 1966 to July 1970. On 22 July 1970, the applicant enlisted in the Regular Army and continued to serve on active duty through a series of reenlistments. Upon completion of over 25 years of honorable service, the applicant was retired on 30 September 1991 in the rank of sergeant major.

6. The applicant's service personnel records contain four DD Forms 214. His retirement DD Form 214 does not show the Presidential Unit Citation as an authorized award.

7. The applicant provided a copy of Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces Special Orders Number 202, dated 21 July 1970. These orders show that the applicant was a member of the Special Operations Augmentation, Command and Control South, 5th Special Forces Group in Vietnam.

8. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Vietnam from 22 March 1970 through 2 March 1971.

9. Evidence available to the Board shows that the Presidential Unit Citation was awarded to the SOG-MACV on 22 August 2000 for extraordinary heroism in action against the enemy in Vietnam during the period 24 January 1964 to 30 April 1972.

10. A listing of units which comprised the SOG-MACV shows that the Special Operations Augmentation, Command and Control South, 5th Special Forces Group, provided support for SOG-MACV during the period November 1967 through 1971.

11. The applicant's DD Form 214 with an effective date of 26 February 1979 does not list the USASMA in item 27 (Remarks). His DA Form 2-1 (Personnel Qualification Record) shows he completed 22 weeks of training at the USAMSA in 1977.

12. The applicant provided a copy of DA Form 1059 which shows he successfully completed the USASMA on 21 January 1977.

13. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that item 27 (Remarks) will list formal in service training courses successfully completed during the period of service. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1. The Board carefully reviewed the orders submitted by the applicant in support of his claim for award of the Presidential Unit Citation. As a result, the Board determined that the applicant's unit, the Special Operations Augmentation, Command and Control South, 5th Special Forces Group, provided support for the SOG-MACV during the period this unit was awarded the Presidential Unit Citation. Therefore, the applicant is entitled to award of the Presidential Unit Citation and correction of his retirement DD Form 214 to show this award.

2. The evidence of record shows the applicant successfully completed the USASMA in January 1977. Therefore, he is entitled to correction of his records to show this course.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

a. by showing the individual concerned was awarded the Presidential Unit Citation; and

b. by amending item 27 (Remarks) on his DD Form 214 with a separation date of 26 February 1979 to show the entry: "U.S. Army Sergeants Major Academy, 1977."

BOARD VOTE:

JNS_____ TL______ BPI_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON




INDEX

CASE ID AR2002080826
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030429
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. 107.0000
2. 100.0000
3.
4.
5.
6.


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