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ARMY | BCMR | CY2003 | 2003083464C070212
Original file (2003083464C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2003083464


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rank as Specialist Four (SP4), E-4.

3. The Board also noted the applicant's request for award of the Korea Defense Service Medal. This portion of his request has been addressed by separate correspondence and will not be discussed further in these Proceedings.

4. The applicant states that he was promoted to SP4 while in Korea.

5. The applicant’s military records show that he enlisted in the Regular Army on 12 November 1968.

6. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to Private First Class, E-3 on 1 July 1969. He last audited his DA Form 20 on 23 December 1969. It also shows his conduct and efficiency were rated as excellent.

7. The applicant was promoted to SP4 on Headquarters, 7th Infantry Division Special Orders Number 051, dated 20 February 1970, with an effective date of 8 January 1970.

8. The applicant's DA Form 137 (Installation Clearance Record), dated 9 June 1970, shows the applicant's rank as SP4. It also shows that his conduct and efficiency were rated as excellent.

9. Headquarters, U. S. Army Personnel Center, Fort Lewis, WA Special Orders Number 166, dated 15 June 1970, releasing the applicant from active duty show his rank as SP4.

10. On 15 June 1970, the applicant was honorably released from active duty. His DD Form 214 shows his rank and grade as Private First Class, E-3 and his date of rank as 1 July 1969. He had been awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, and the Sharpshooter Qualification Badge with Rifle bar. He had completed 1 year, 7 months, and 4 days of creditable active service with no lost time.

11. There is no record of any other type of disciplinary action taken against the applicant in his file.

12. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

CONCLUSIONS
:

1. The Board concludes that there is sufficient evidence of record to show the applicant had been promoted to SP4 and was a SP4 at the time of his separation. His DD Form 214 should be amended to show his rank as SP4.

2. In addition, the Board concludes that the applicant met the eligibility criteria for award of the Army Good Conduct Medal. He should be awarded this award and it should be added to his DD Form 214.

3. 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 awarding the applicant the Army Good Conduct Medal for the period 12 November 1968 through 15 June 1970.

2. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal and to show his rank and grade as SP4, E-4 and his date of rank as 8 January 1970.

BOARD VOTE:

__fne___ __lem___ __lcb ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2003083464
SUFFIX
RECON
DATE BOARDED 20030506
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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