RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 OCTOBER 2006
      DOCKET NUMBER:  AR20060002833


      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. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda Darby                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be changed to show his correct
grade, MOS (military occupational specialty), and award of the Purple Heart
and the Marksmanship Badge.

2.  The applicant states his DD Form 214 should show his rank as E-5, his
MOS as 13B4O, and the award of the Purple Heart and the Marksmanship Badge.

3.  The applicant provides a copy of his separation orders, and orders for
the Purple Heart, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States on
            13 November 1968, for a period of 2 years.  He served in
Vietnam from May 1969 to June 1970.

2.  On 10 June 1969, the applicant's parents were sent a Western Union
telegram, informing them that their son [the applicant] had been wounded in
action by hostile forces while serving in the Republic of Vietnam.

3.  Special Order Number 50, Headquarters, 54th Filed Artillery Group,
dated
16 October 1969, awarded the applicant the Purple Heart for wounds he
received on 18 May 1969, in connection with military operations against a
hostile force while serving in Vietnam.

4.  The applicant was promoted to the rank of Specialist Four (SP4), with a
date of rank and effective date of 14 February 1970.

5.  The applicant was awarded the Army Commendation Medal on Orders 2592,
Headquarters, II Field Force Vietnam, dated 12 June 70, in the rank of SP4,
for exceptional meritorious service in support of military operations
against communist aggression in the Republic of Vietnam, during the period
May 1969 to June 197O.  The award was omitted from his separation document.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates he
was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar
for the M-14 Rifle, while serving at Fort Lewis, Washington during basic
combat training. There were no orders confirming the badge.

7.  Special Orders Number 103, Headquarters 23d Artillery Group, dated 1
June 1970, awarded the applicant the Good Conduct Medal (First Award) for
the period 12 November 1968 to the date of separation on or about 16 June
1970, in the rank of SP4.

8.  Department of the Army Form 2376 (Notification to State Adjutants
General Release from Active Duty of Obligated Reservist) shows the
applicant's rank as SP4.

9.  Item 24 (Awards and Decorations) on the applicant's DD Form 214 lists
the National Defense Service medal, Vietnam Service Medal, Vietnam Campaign
Medal, and the Good Conduct Medal.

10.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that the applicant’s unit, B
Battery, 2d Battalion, 35th Artillery, 54th Filed Artillery Group, was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation by Department of the Army General Orders Number 51,
dated 1971.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the Tet 69 Counteroffensive,
Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and the DA Sanctuary
Counteroffensive.

12.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

13.  The applicant's DD Form 214 does not list award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  The Department of the
Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) provides, in pertinent part, for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation 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.



14.  Army Regulation 600-200, Enlisted Personnel Management, in effect at
the time, provided in Chapter 7, the policies and procedures for enlisted
promotions. It provided in pertinent part, that promotion to pay grades E-4
through E-6, were made against periodic temporary promotion quota
allocations.  Eligibility and selection criteria for promotion to E-5
included a required 8 months time in grade as an E-4 and 21 months time in
service.   A waiver of one-half of the time in grade was permissible and a
maximum waiver of 6 months time in service was allowed.  The applicant did
not meet the time in grade or the time in service criteria, with
permissible waivers.

15.  Army Regulation 611-210, in effect, at the time, provided that the MOS
is made of 5 characters.  The first three characters are two numbers and
one letter, with denotes the military occupational specialty without
regardless of level of skill. The fourth character in combination with the
preceding three characters indicates the skill level within the MOS.  The
skill level located in position 4 of the MOS code is indicated by
characters "1" to "5".  Skill level "1" identifies helpers or entry level
positions under general supervision.  Skill level "4" identifies first-line
supervisory positions that require detailed knowledge of the task performed
by subordinate personnel in skill levels 1, 2 and 3.  The fifth character
will always be an "O", unless the position requires a special
qualification.

16.  The applicant provides a copy of Special Orders Number 167,
Headquarters, US Army Personnel Center, Oakland, California, dated 16 June
1970, discharging him from active duty as a sergeant in MOS 13B4O.  There
is no evidence in his available records to support his rank and MOS as
shown on these orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds he received in
hostile action in Vietnam on 18 May 1969, and his records should be
corrected to show this award.

2.  Evidence shows the applicant was awarded the Army Commendation Medal
for meritorious service while serving in the Republic of Vietnam during the
period May 1969 to June 1970.  Therefore, his records should be corrected
to show this award.

3.  Although there are no orders confirming his award of the Marksman
Marksmanship Qualification Badge with Rifle Bar for the M-14 there is no
reason to doubt the validity of the entry on his DA Form 20.  Therefore,
his records should be corrected to show this award.
4.  Evidence of record shows that the applicant is entitled to the Republic
of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore,
his records should be corrected to add these unit awards.

5.  The evidence also shows that the applicant participated in four
campaigns during his service in Vietnam.  Therefore, he is entitled to
correction of his records to show award of four bronze service stars to be
worn on his Vietnam Service Medal.

6.  The applicant was awarded MOS of 13A1O, and there is no evidence that
he received further training, a promotion, or was awarded a higher skill
level than that currently shown on his DD Form 214.  This MOS and skill
level is consistent with that of pay grade E-4.  Therefore, there is no
justification for changing his MOS from 13A1O to 13B4O.

7.  The applicant did not meet the eligibility criteria for promotion to
pay grade
E-5, in accordance with regulations in effect at the time.  There is no
evidence in the available records nor did he provide documentation of his
being promoted.   Therefore, there is no justification for granting his
request to change his rank from pay grade E-4 to pay grade E-5.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MD___  __JR____  ___RG __  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 showing award of the
Purple Heart for wounds he received on 18 May 1969, the Marksman
Marksmanship Qualification Badge with Rifle Bar, the Army Commendation
Medal for the period May 1969 to June 1970,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and four bronze service stars to be affixed to his Vietnam Service Medal.

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
changing his grade from
E-4 to E-5 and his MOS from 13A1O to 13B4O.




                            ______Melinda Darby_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002833                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061019                                |
|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.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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