PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 12 JUNE 2003
         DOCKET NUMBER: AR2002083238


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. John P. Infante		Member
Ms. Eloise C. Prendergast		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 he be issued a DD Form 214 reflecting his service as a warrant officer from 9 May 1967 to 22 May 1970.

3. The applicant states that his warrant officer service is shown as "Other Service" on his 12 September 1973 DD Form 214. Without a separate DD Form 214 reflecting his warrant officer service, the Civil Service Retirement Branch will not accept for annuity calculations the "Other Service" entry on his 12 September 1973 DD Form 214. He should not suffer a reduced annuity. His 12 September 1973 DD Form 214 also shows his warrant officer service number, but should more properly show his social security number. There is also no entry reflecting his tour in Vietnam from 12 June 1967 to 10 June 1968.

4. The applicant’s military records show that he enlisted in the Army for 2 years on 2 May 1966 for the warrant officer flight program. He completed that program and was discharged on 8 May 1967 as an enlisted soldier in order to accept an appointment as a warrant officer. His DD Form 214 reflects award of the Sharpshooter Badge with rifle and pistol bars and the National Defense Service Medal.

5. The applicant was appointed a warrant officer one (WO1) on 9 May 1967. He was promoted to Chief Warrant Officer Two (CW2) on 9 May 1968. The applicant served in Vietnam and received 22 awards of the Air Medal for meritorious achievement from 2 June 1967 to 17 May 1968. His last evaluation report while in Vietnam ended on 5 June 1968. He participated in 3 campaigns during his tour in Vietnam and the unit to which he was assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

6. He was appointed a Reserve commissioned officer in the grade of first lieutenant on 22 May 1970 at Fort McPherson, Georgia, and was ordered to active duty in that grade on the same date. He was promoted to captain on 22 May 1971. On 3 August 1971 the applicant was awarded the twenty-fourth through thirty-fifth award of the Air Medal. On 12 September 1973 the applicant was relieved from active duty and reassigned to the Army Reserve Control Group (Reinforcement), the next day, 13 September 1973. His DD Form 214 shows that he had 3 years, 3 months, and 21 days of service from the period 22 May 1970 to 12 September 1973, and 4 years and 20 days of other service. His service number shown on that form is the same number that he had as a warrant officer, e.g., W1 111111. That form also shows that he served in Vietnam from 3 June 1970 through 28 May 1971, participating in 2 campaigns.

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7. Army Regulation 635-5, then in effect, prescribes the reasons for preparation and issuance of the DD Form 214, and states that the DD Form 214 will be issued at time of separation to each member of the Regular Army, and to each member of the Reserve components, and the AUS without component, called or ordered to active duty. It does not address preparation of a DD Form 214 for a soldier who changes his status, e.g., from enlisted to warrant, or warrant to commissioned.

8. The 20 August 1973 version of that regulation, however, states that a DD Form 214 will be issued to all personnel at the time of retirement, discharge, or release from the active Army, to include each member who, while on active duty, changes status and remains on active duty in the new status.

9. The current regulation states that a DD Form 214 will be prepared for enlisted soldiers discharged to continue on active duty as commissioned or warrant officers, or warrant officers terminating warrant status to continue on active duty as commissioned officers.

10. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

11. The Republic of Vietnam Campaign Medal is awarded to members of the Armed Forces who have served in Vietnam for 6 months, or to those members who have served less than 6 months and who have been wounded by hostile forces.

12. Service (campaign) medals and service ribbons denote honorable performance of military duty within specified limited dates in specified geographical areas. Army Regulation 600-8-22, paragraph 6-7 provides for service stars for wear on campaign and service ribbons to denote an additional award, and states that service stars are authorized for wear on the Vietnam Service Medal. A silver service star is worn instead of five bronze service stars.

CONCLUSIONS:

1. The applicant should be issued a DD Form 214 reflecting his warrant officer service from 9 May 1967 through 21 May 1970, the date prior to the date he was appointed a commissioned officer. That DD Form 214 should reflect his warrant

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officer service number, his rank and grade of CW2, his date of rank in that grade, the reason for his separation – to accept appointment as a commissioned officer, his character of service – Honorable, his net service during that period – 3 years and 13 days, his other service – 1 year and 7 days (as an enlisted soldier), and his total service. That form should also reflect his service in Vietnam from 2 June 1967 through 5 June 1968. It should show that he received 22 awards of the Air Medal during this period of service. It should also show that he was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal with three bronze service stars (one for each campaign). Entries on this form that are not applicable should reflect the abbreviation "NA." The remarks section of the DD Form 214 should contain a statement to the effect that a DD Form 214 to show the soldier's service as a warrant officer had not been previously issued and this DD Form 214 is prepared to correct that omission.

2. The applicant served his country faithfully and honorably as an enlisted soldier prior to his appointment as a warrant officer. He should be awarded the Army Good Conduct Medal. This award, his 35 awards of the Air Medal, the award of the National Defense Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with one silver service star, and the Sharpshooter Marksmanship Qualification Badge with rifle and pistol bars should be shown on his 12 September 1973 DD Form 214, the latest one issued.

3. Notwithstanding the applicant's statement, his service in Vietnam as a warrant officer should not be reflected on his 12 September 1973 DD Form 214. His warrant officer service in Vietnam occurred prior to the period covered by the 12 September 1973 DD Form 214. That service, however, will be entered on his 21 May 1970 DD Form 214 as indicated above.

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:

         a. issuing the applicant a DD Form 214 showing his service as a warrant officer from 9 May 1967 through 21 May 1970, with that form completed as indicated in paragraph 1 of the above conclusions; and

         b. showing on his 12 September 1973 DD Form 214 that he was awarded the Army Good Conduct Medal, 35 awards of the Air Medal, the National Defense Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with one silver service star, and the Sharpshooter Marksmanship Qualification Badge with rifle and pistol bars.

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

BOARD VOTE:

__RVO__ __JPI ___ __ECP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON

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INDEX

CASE ID	AR2002083238
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030612
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	110.00
3.
4.
5.
6.