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ARMY | BCMR | CY2002 | 2002082035C070215
Original file (2002082035C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2002082035


         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. Melvin H. Meyer Chairperson
Ms. Deborah S. Jacobs Member
Mr. Jose A. Martinez 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 separation (DD Form 214) be corrected to reflect his rank as a sergeant (E-5.

3. The applicant states, in effect, that his DD Form 214 incorrectly reflects his rank as a specialist four (SP4) when in fact, he had been promoted to the rank of SGT. In support of his application he submits a copy of his promotion orders and discharge orders from the United States Army Reserve (USAR).

4. The applicant’s military records show that he was inducted in Brooklyn, New York, on 26 March 1968. He successfully completed his training at Fort Jackson, South Carolina, and was transferred to Vietnam on 29 August 1968. He was assigned to Company B, 3rd Battalion, 21st Infantry Regiment, for duty as a light weapons infantryman. He was advanced to the pay grade of E-4 on 10 February 1969.

5. His records show that he was awarded the Bronze Star Medal with "V" device (BSM w/V device), the Combat Infantryman Badge (CIB), the Army Commendation Medal (ARCOM), the ARCOM with "V" device (ARCOM w/V device), the Purple Heart (PH), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM), the National Defense Service Medal (NDSM), and the Good Conduct Medal (AGCM).

6. He departed Vietnam on 27 August 1969 and was transferred to a Naval Hospital in New York for treatment for hepatitis. At the time he cleared Vietnam, his clearance papers indicate his rank as a SGT.

7. On 28 November 1969, he was honorably released from active duty at Fort Hamilton, New York. His DD Form 214 indicates his rank as a SP4, with a date of rank (DOR) of 10 February 1969. It also indicates his awards of the ARCOM, PH, CIB, VCM, RVNCM and AGCM.

8. The applicant was transferred to the USAR Control Group (Reinforcement) where he remained until he was honorably discharged in the rank of SGT on 1 March 1974.

9. The promotion orders provided by the applicant show that he was promoted to the rank of SGT on 14 August 1969. However, orders were not published until 25 August 1969, just 2 days prior to his departure.

10. 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 and the Valorous Unit Award (VUA) for the period he was assigned. Additionally, he participated in four campaigns, which entitles him to four bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1. The Board finds that the evidence submitted by the applicant, coupled with the evidence of record, shows that he was in fact promoted to the rank of SGT on 14 August 1969. Therefore, it would be in the interest of justice to correct his records to reflect his rank as SGT at this time.

2. The Board also finds that he was awarded the BSM w/V device and the ARCOM w/V device that were not included on his DD Form 214 at the time of separation. Therefore, it would be appropriate to do so at this time.

3. Additionally, the applicant's unit was subsequently awarded the RVNGC w/Palm Unit Citation and the VUA for the period he was assigned to the unit. He also participated in four campaigns and should have received four bronze service stars for wear on his already awarded VSM. Accordingly, he is entitled to be awarded those awards at this time.

4. 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 that the individual concerned was promoted to the rank of SGT on 14 August 1969.

b. by awarding him the RVNGC w/Palm Unit Citation, the VUA, and four bronze service stars for wear on his already awarded VSM; and

         c. by showing that he was awarded the BSM w/V device and the ARCOM w/V device.

BOARD VOTE:

__dj ____ __mm___ ___jam__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ____Melvin H. Meyer_____
                  CHAIRPERSON



INDEX

CASE ID AR2002082035
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/05/20
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/CORR 214
2. 319 131.0900/ADV GRD
3. 140 107.0094/RVNGC
4. 79 107.0033/VUA
5. 60 107.0014/BSMW/V
6. 66 107.0020/ARCOMW/V


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