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Decision Text

ARMY | BCMR | CY2002 | 2002083247C070215
Original file (2002083247C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2002083247


         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. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. James E. Anderholm 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.


2. The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be changed to show that his rank was SP4 (specialist four) and that his pay grade was E-4.

3. The applicant states, in effect, that before he left Vietnam, he had been advanced to SP4 (E-4) and had been selected by a local promotion board for sergeant (E-5). The promotion did not occur because he received a hardship discharge before his promotion date.

4. The applicant’s military records show that he was inducted and entered active duty on 3 August 1968. He completed training as an infantryman and was stationed in Vietnam with B Company, 2nd Battalion (Airmobile), 187th Infantry on 1 July 1969.

5. Special Orders 171, Headquarters, 101st Infantry Division, dated 20 June 1969, advanced the applicant to private first class (PFC), pay grade E-3, effective 14 June 1969.

6. Effective 15 November 1969 the same headquarters published military occupational specialty (MOS) action, which awarded the applicant MOS P11C20. His rank was listed as SP4.

7. On 14 March 1970 the applicant applied for a hardship discharge and listed rank as SP4 and his date of rank as 10 November 1969.

8. His request was favorably endorsed by his commanding officer, who listed his conduct and efficiency ratings as "Exc" and "Exc." It was approved by the commanding general and the approving endorsement signed on 21 March 1970 by the division's assistant adjutant general, a major.

9. The applicant departed Vietnam on 23 March 1970 and was discharged upon arrival. His separation orders published by Army Personnel Center, Fort Lewis, Washington show his rank as SP4.

10. The only document dated sequent to November 1969 that shows the applicant's rank and pay grade as PFC (E-3) is his DD Form 214. There is no discreditable information of record and no reason to believe that the applicant might have been reduced.

CONCLUSIONS:

1. Although there is no advancement order available, the applicant was clearly advanced to SP4 as evidenced by the several documents cited. Conversely there is no substantiating evidence to show that the DD Form 214 is correct.

2. The applicant's DD Form 214 should be corrected as requested and his date of rank should also be corrected to 10 November 1969.

3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing on the 23 March 1970 DD Form 214 of the individual concerned that his rank was SP4, his Pay Grade was E-4 and his date of rank was 10 November 1969.

BOARD VOTE:

__RVO__ ___JEA_ __LMB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.__
                  CHAIRPERSON




INDEX

CASE ID AR2002083247
SUFFIX
RECON
DATE BOARDED 20030814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. A112.2
2.
3.
4.
5.
6.


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