RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         09 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101079


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Ms. Linda Simmons                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be promoted from pay grade E-4 to E-5.
He also asks that his August 1970 letter of appreciation be “upgraded” to
an Army Commendation Medal and inquires about his eligibility for the
Bronze Star Medal based on his award of the Purple Heart.  The applicant
also requests, in effect, any other awards and decorations that he may be
entitled to, including the Army Good Conduct Medal.

2.  The applicant states that he was denied promotion to pay grade E-5
because he had not appeared before a promotion board prior to departing
Vietnam after being wounded as a result of hostile action.  He maintains,
based on his records, that he would have been promoted had he not been
wounded.

3.  The applicant also states, in effect, that under today’s standards he
would have received an Army Commendation Medal instead of a letter of
appreciation and believes he may be entitled to a Bronze Star Medal because
he was awarded the Purple Heart.  He believes his Department of the Army
Form 20 contains an annotation indicating that he was issued a “Bronze Star
in the Awards and Commendation Section.”

4.  The applicant provides his self-authored statement, a copy of a message
inquiring about his promotion status and the response from his Vietnam unit
regarding his promotion status.  He also submits a copy of his August 1970
letter of appreciation and a copy of his Department of the Army Form 20,
which he believes indicates that he was issued the Bronze Star.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 November 1970.  The application submitted in this case
is dated
24 November 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 requested correction of his records to show award of the
Army Commendation Medal by upgrading his letter of appreciation.  There are
no orders or other evidence authorizing award of this decoration.  In the
absence of a proper award authority for this decoration, the applicant may
request award of the Army Commendation Medal under the provisions of
Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for this
decoration under Section 1130 and, as a result, the issue of upgrading his
letter of appreciation to an Army Commendation Medal will not be discussed
further in the Record of Proceedings.

4.  Records available to the Board indicate that the applicant entered
active duty on 23 August 1968 after approximately 2 months in the United
States Army Reserve.

5.  While undergoing basic combat training at Fort Jackson, South Carolina,
the applicant qualified as an expert with the M-14 rifle and was awarded
the associated badge and component bar.  Special Orders number 217, dated
16 October 1968, announced the award.  The Department of the Army Form 20,
submitted by the applicant in support of his requests, and which is no
longer a part of the records available to the Board, contained a
handwritten entry in item 41 (Awards and Decorations).  The entry is
unreadable for the most part but does appear to reflect “XP B……..” and “SO
217……..”  The handwritten entry appears between the stamped entries
indicating the applicant’s entitlement to the National Defense Service
Medal and the Vietnam Service Medal.  The copy of the Department of the
Army Form 20, submitted by the applicant, was initiated in August 1968 and
last authenticated in March 1969.  The Department of the Army Form 20
contained in records available to the Board was initiated and last
authenticated in August 1970.  The form in the applicant’s file reflects
hand written weapons qualification information in the bottom portion of
item 41.

6.  The applicant subsequently qualified as a marksman with the M-16
automatic rifle and ultimately, in October 1969 while at Fort Eustis,
Virginia, as a sharpshooter with the M-14 rifle.  He was awarded the
associated badges and component bars, but his weapons qualification
information was omitted from his separation document.  Soldiers are
authorized to wear only the latest qualification level of a particular
weapon.

7.  In January 1969 the applicant was promoted to pay grade E-4.




8.  On 1 March 1969 the applicant was assigned to Vietnam as an engine
repairman with the 159th Aviation Battalion.  On 26 April 1969 he was
seriously wounded when his base camp came under hostile rocket attack.  He
was awarded the Purple Heart.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in one designated campaign (TET 69
Counteroffensive) during the applicant’s period of assignment.  One bronze
service star on the Vietnam Service Medal, which is recorded on his
separation document, should reflect his campaign participation.  The
pamphlet also provides, in pertinent part, for award of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm to all individuals who
served in Vietnam between 20 July 1965 and 28 March 1973 in a unit which
was subordinate to Headquarters, United States Army Vietnam.  The
applicant’s unit was such a unit.  The bronze service star and unit award
were omitted from the applicant’s separation document.

10.  The applicant was initially hospitalized in Vietnam, later transferred
to the 106th General Hospital in Japan, and ultimately evacuated to Fort
Dix, New Jersey.  In August 1969 he was returned to duty at Fort Eustis,
Virginia.

11.  Documents associated with the evacuation of the applicant indicate
that he was “eligible for promotion” and that he had been recommended for
promotion.  A message from the applicant’s command at Fort Eustis to the
applicant’s former unit in Vietnam inquired about the applicant’s promotion
status and noted in the message that the applicant believed that he “was
placed on a standing promotion list and possibly promoted after being med
evac [medically evacuated].”  In response to the message, the applicant’s
former command in Vietnam noted that while the applicant had been
recommended for promotion, he “never appeared before the promotion board”
because he was evacuated and was, therefore, “not on a promotion standing
list.”

12.  Army Regulation 600-200, in effect at the time, states that an
individual in pay grade E-4 is eligible for promotion consideration to pay
grade E-5 after 21 months of military service and 8 months of service in
pay grade E-4, among several other requirements (education, security
clearance, specialty qualification score, etc.).  Up to 4 months time in
grade may be waived and up to 6 months time in service may be waived.
However, only two of the various promotion qualification requirements may
be waived.  At the time the applicant was wounded (April 1969) he would
have had approximately 3 months time in grade as an E-4 and an only 8
months time in service.

13.  The regulation noted that individuals with an order of merit
recommended list status for promotion to pay grade E-5 at the time of
evacuation who are transferred to a medical facility prior to promotion,
may be promoted by the medical facility commander under specific
circumstances.  However, a unit commander’s recommendation is not
sufficient for promotion and will not be used as a substitute for a
recommendation resulting from selection by a selection board.

14.  On 20 August 1970 orders issued by the United States Army
Transportation Center and Fort Eustis noted that the applicant had appeared
before a Physical Evaluation Board and was “ordered to place designated
[Kilbourne, Ohio] to await final orders…in connection with his Physical
Evaluation Board proceedings.”  The reassignment was effective on 24 August
1970.  As part of the applicant’s reassignment processing, his unit
commander recommended that he be awarded the Army Good Conduct Medal and
noted that the applicant’s conduct and efficiency ratings had been
excellent.  There is, however, no indication that the applicant was ever
awarded the Army Good Conduct Medal.

15.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

16.  On 9 November 1970 the applicant was honorably discharged by reason of
physical disability related to residuals of his combat wounds.  His name
was placed on the TDRL (Temporary Disability Retired List) the following
day.  In 1974 he was permanently retired by reason of physical disability.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is to be awarded to individuals who were authorized the Combat
Infantryman Badge or the Combat Medical Badge for service during World War
II.  Awards of the Bronze Star Medal based on Combat Infantryman Badge or
the Combat Medical Badge are commonly referred to as conversion awards.
The Bronze Star Medal has never been awarded as a conversion award based on
receipt of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant maintains that he was not promoted because of
his medical evacuation from Vietnam, the evidence suggests that the
applicant would not have met the time in grade and time in service
requirements, even with waivers, to be considered for promotion to pay
grade E-5 prior to his evacuation from Vietnam.  There is no evidence that
he ever appeared before a promotion selection board or that his name was
placed on an order of merit list for promotion consideration, in spite of
the fact that he continued his military service for nearly a year after
being returned to duty following his medical treatment.  Unfortunately, in
the absence of more compelling evidence that an error or injustice
occurred, there is no basis to retroactively promote the applicant.

2.  The applicant is not entitled to an award of the Bronze Star Medal
based on his award of the Purple Heart.  While the Bronze Star Medal was
awarded as a conversion award based award of the Combat Medical Badge and
Combat Infantryman Badge during World War II, it has never been awarded
based on the Purple Heart.

3.  It appears that the entry cited by the applicant on his Department of
the Army Form 20 as evidence that he may have been awarded the Bronze Star
Medal is more than likely an entry concerning his original qualification
level with the M-14 rifle while undergoing training.

4.  The evidence does confirm, however, that the applicant last qualified
as a sharpshooter with the M-14 rifle and as a marksman with the M-16
automatic rifle and was awarded the associated badge and component bar.
His records should be corrected accordingly.

5.  The evidence also confirms that the applicant is entitled to a bronze
service star on his Vietnam Service Medal and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm as a result of his service in
Vietnam.

6.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 9 November 1970.  There is evidence his
commander recommended him for the award and no evidence of any misconduct
which would justify denying him the award.  In view of the foregoing, the
Board concludes that the applicant met the basic qualifications for award
of the Army Good Conduct Medal and it would be appropriate and in the
interest of equity to award him that decoration for the period 23 August
1968 through 9 November 1970.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JV___  ___JA___  ___LS __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 by:

      a.  showing that he qualified as a sharpshooter with the M-14 rifle
and as a marksman with the M-16 automatic rifle and was awarded the
associated badge and component bars;


      b.  showing that he is entitled to a bronze service star on his
Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm; and


      c.  awarding him the Army Good Conduct Medal for the period 23 August
1968 through 9 November 1970.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
retroactive promotion to pay grade E-5 and award of the Bronze Star Medal
based on his award of the Purple Heart.


                            ______James Vick_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004101079                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040909                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |131.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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