RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: December 4, 2003
         DOCKET NUMBER: AR2003091247

         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. Walter T. Morrison		Chairperson
Mr. Allen L. Raub		Member
Mr. Kenneth W. Lapin		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his report of separation (DD Form 214) be corrected to reflect that he was released from active duty (REFRAD) in the rank of sergeant and that he was awarded the Purple Heart.

2. The applicant states, in effect, that he was serving in the pay grade of E-5 at the time he was REFRAD and his DD Form 214 incorrectly reflects that he was serving in the pay grade of E-4. He further states that his award of the Purple Heart was not added to his DD Form 214 because he did not receive it until after he was REFRAD.

3. The applicant provides a copy of his discharge orders and a letter of appreciation indicating that his rank was that of a sergeant (Sgt).

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 13 August 1970. The application submitted in this case is dated 7 May 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant enlisted on 28 November 1967, for a period of 3 years under the airborne/infantry training option. He completed his basic combat training at Fort Jackson, South Carolina and his advanced individual training (AIT) at Fort Gordon, Georgia. Upon completion of his AIT he was transferred to Fort Benning, Georgia, to attend airborne training. On 18 May 1968, while at Fort Benning, he volunteered for Special Forces training, completed his parachutist training and was reassigned to the Special Forces Training Group at Fort Bragg, North Carolina, on 4 June 1968.

4. He was advanced to the pay grade of E-3 on 14 November 1968 and to the pay grade of E-4 on 20 December 1968.

5. On 25 June 1969, orders were published by the 7^th Special Forces Group indicating that the applicant's rank was that of a specialist four (SP4) and that he qualified as expert with the M-16 Rifle.

6. On 16 August 1969, the applicant was transferred to Vietnam. Orders published by the United States Army – Vietnam (USARV) Transient Detachment on 17 August 1969, indicates that the applicant was serving in the pay grade of E-5 and that he was further assigned to Headquarters and Headquarters Company, Detachment 1, 5^th Special Forces Group.

7. On 23 August 1969, orders published by the 5^th Special Forces Group authorized the applicant, who was listed as serving in the pay grade of E-5, hazardous duty (parachute) effective 19 August 1969.

8. On 16 June 1970, he was awarded the Bronze Star Medal (BSM) for meritorious service and his rank was listed as a sergeant. Orders were also published on 26 June 1970, which awarded the applicant the Combat Infantryman Badge (CIB) while serving in the rank of sergeant.

9. The applicant departed Vietnam on 12 August 1970 for Fort Lewis, Washington, where he was honorably REFRAD on 13 August 1970, as an overseas returnee. All of the applicant's REFRAD orders and processing documents indicate his rank as sergeant. However, his DD Form 214 indicates his pay grade as E-4. He had served 2 years, 8 months and 16 days of total active service and was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal (VSM), the Vietnamese Parachutist Badge, the Republic of Vietnam Campaign Medal, the CIB and the BSM. His records show that he had excellent conduct and efficiency ratings throughout his service and contains no disqualifying entries or indication that he was reduced in grade.

10. Although the specifics are not contained in the available records, his records contain a General Order dated 21 August 1970, awarding him the Purple Heart for wounds received in action on 21 May 1970. His rank on those orders also indicate his rank as sergeant.

11. The letter of appreciation submitted by the applicant with his application is from the detachment sergeant major and indicates that his rank was sergeant. The letter is dated 20 July 1970.

12. On 24 October 1973, the Army Reserve Personnel and Administration Center (RCPAC) published orders discharging the applicant from the United States Army Reserve (USAR) in the rank of sergeant, effective 1 November 1973.

13. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

14. 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 units were subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit. It also shows that the applicant participated in four campaigns during his assignments in Vietnam and is authorized four bronze service stars for wear on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1. Orders published after the applicant was REFRAD clearly show that he was awarded the Purple Heart for wounds received in action against the enemy in Vietnam on 21 May 1970. Therefore, it would be in the interest of justice to add that award to his DD Form 214 at this time.

2. Although the evidence does not clearly establish the date the applicant was promoted to the pay grade of E-5, documents contained in his records that are dated as early as 16 August 1969 and all the way through the date of his REFRAD, indicate his rank as that of a sergeant. Inasmuch as the last document that lists his pay grade as an E-4 is dated 25 June 1969, it is reasonable to presume that his promotion occurred on approximately 15 July 1969. Accordingly, his DD Form 214 should be corrected to reflect his rank as an E-5 with a date of rank (DOR) of 15 July 1969.

3. The evidence of record also shows that the applicant is entitled to be awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and four bronze service stars for wear on his already awarded VSM.

4. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 28 November 1967 through 13 August 1970. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

5. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

BOARD VOTE:

__KL___ __AR___ __WTM___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by showing that he was awarded the Purple Heart and that he was promoted to the pay grade of E-5 on 15 July 1969; and

b. by awarding him the AGCM for the period of 28 November 1967 through 13 August 1970, and the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and four bronze service stars for wear on his already awarded VSM.






                  Walter T. Morrison
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091247
SUFFIX
RECON
DATE BOARDED	2003/12/04
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	D
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.107.0015	61/PH
2.107.0056	102/AGCM
3.107.0094	140/RVNGC
4.107.0095	141/RVNCAHM
5.131.0500	315/GRD/DOR
6.