RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 April 2007
      DOCKET NUMBER:  AR20070005240


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |Member               |

      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, in effect, that her deceased brother, a former
service member (FSM), be promoted to the rank of specialist four (SP4).

2.  The applicant states, in effect, that the FSM's death was the result of
wounds he received in Vietnam and as a result his name is being added to
the Vietnam Veterans Memorial Wall.  She also states it is her belief that
during the original review of the case, the Board failed to consider the
FSM's time in grade (TIG) and time in service (TIS) and that regulations
state that Soldiers hospitalized will not be forgotten when it comes to
promotion.

3.  The applicant provides extracts of Army Regulation 600-200 and a family
letter in support of the reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20060012204 on 22 March 2007.

2.  During its original review of the case, the Board found no documentary
evidence to show the FSM was recommended for or promoted to SP4 by proper
authority while he remained on active duty.  A member of the Board staff
also contacted the Defense Finance and Accounting Service (DFAS) and
confirmed the applicant was receiving retired pay as a private first class
(PFC).  As a result, it determined there was insufficient evidence to
conclude the applicant had been promoted prior to his separation, which was
indicated in the application at the time.

3.  The applicant provides an extract of Army Regulation 600-200, which was
in effect at the time of the FSM's separation.  Paragraph 7-12 contains
guidance on promotion of personnel missing, captured, or detained; or
hospitalized as a result of hostile action or service-incurred disease or
injury in a hostile area.  The extracts provided included Page 7-6, which
contains guidance on promotion of missing, captured and detained personnel
and Page 7-8, which contains promotion eligibility criteria.  Page 7-7,
which contained guidance on promotion of hospitalized personnel was not
included with the application.

4.  The FSM's record shows he was inducted into the Army and entered active
duty on 10 June 1970, and was promoted to PFC on 10 November 1970.  It
further shows that he was wounded in action in Vietnam on 6 April 1971, and
that he was medically evacuated to the Naval Hospital, Great Lakes,
Illinois, on
14 May 1971.

5.  On 1 September 1971, the FSM was honorably retired, in the rank of PFC,
by reason of disability.  The DD Form 214 he was issued, as amended by the
original Board decision in this case, shows he earned the following awards
during his active duty tenure:  National Defense Service Medal; Purple
Heart; Vietnam Service Medal with 1 bronze service star; Republic of
Vietnam Campaign Medal with 1960 Device; Republic of Vietnam Gallantry
Cross with Palm Unit Citation; Combat Infantryman Badge; Marksman
Marksmanship Qualification Badge with Rifle and Grenade Launcher Bars;
Sharpshooter Marksmanship Qualification Badge with Machinegun Bar; and
Expert Marksmanship Qualification Badge with Pistol Bar.

6.  The FSM died on 30 March 2005, and on 2 March 2007, the Department of
the Army Casualty and Memorial Affairs Branch determined his death was a
result of the wounds he received in Vietnam and as such, his name would be
added to the Vietnam Veterans Memorial Wall.

7.  During its original review of the case, the Board recommended the
applicant's record be corrected by awarding him the Purple Heart; however,
it found insufficient evidence to support a conclusion that he had been
promoted prior to separation, as contended by the applicant at the time.

8.  Army Regulation 600-200 (Enlisted Personnel Management System)
prescribed the policies and procedures for the career management of Army
enlisted personnel.  Chapter 7 contained promotion policy.  Paragraph 7-12
contained guidance on the promotion of personnel missing, captured,
detained, or hospitalized as a result of hostile action or service incurred
disease or injury in a hostile area.  It stated, in pertinent part, that
enlisted personnel otherwise eligible for promotion would not be deprived
of promotion consideration while missing, captured, detained; or
hospitalized as a result of hostile action and reportable as a casualty.

9.  Paragraph 7-12a of the enlisted promotions regulation contained
guidance on the promotion of missing, captured, or detained personnel.  It
stated, in pertinent part, that if recommended by the immediate commander,
the individual could be promoted by the promoting authority at the time he
was dropped from the rolls as missing, captured, or detained.
10.  Paragraph 7-12b contained the guidance of the promotion of
hospitalized personnel.  It stated, in pertinent part, that if an
individual in the pay grade of E-3 had been recommended for promotion to
the pay grade E-4 by his immediate commander, the individual could by
promoted by the promotion authority prior to being transferred to a medical
facility.  If the individual's promotion could not be accomplished prior to
his transfer to a medical facility, the promotion authority could forward
the recommendation to the medical facility commander with the individual's
personnel record for consideration by the medical facility commander at the
time the individual completed, without waiver, the normal TIG and TIS
requirements.  The medical facility commander with promotion authority
could promote individuals assigned as patients who had established order of
merit recommended list status.  Promotion could not be made earlier than
the date the individual completed, without waiver, the normal TIS and TIG
requirements for promotion.

10.  Paragraph 7-15 of the same regulation contained promotion eligibility
requirements.  It showed that the normal, without waiver, TIS requirement
for promotion to E-4 was 1 year and the normal TIG requirement was 6
months.

DISCUSSION AND CONCLUSIONS:

1.  The original decision of the Board regarding the FSM's promotion was
that there was insufficient evidence to show he had been promoted by proper
authority prior to his retirement, as contended in the application at the
time.  This decision was based on the absence of any evidence showing the
FSM had been recommended for promotion by his immediate commander prior to
his departure from the RVN, or that he was on an established order of merit
list at the time of his retirement.  Therefore, absent any evidence that he
was promoted at the Naval Hospital, Great Lakes, Illinois, as originally
alleged, the Board's decision to deny that portion of the requested relief
was appropriate based on the governing regulations in effect at the time.
However, there are overriding equity considerations that should now be
considered in this case.

2.  The evidence reveals the applicant's outstanding record of combat
service, which included his receiving the Purple Heart and Combat
Infantryman Badge.  It also confirms that he ultimately died as a result of
the wounds he received in Vietnam.  Given the enormity of the sacrifice and
contributions the FSM made for the Army and his country, it would be
appropriate and serve the interest of equity to recognize these
accomplishments by correcting his record to show he was advanced to SP4 on
30 March 2005, the date of his death, so that this grade can be shown by
his name when it is added to the Vietnam Veterans Memorial Wall.
3.  This action is taken solely in the interest of equity and compassion so
that the FSM's name can be added to the Vietnam Veterans Memorial Wall
showing his rank as SP4, and does not constitute entitlement to additional
pay or allowances.

BOARD VOTE:

___JTM__  __TMR _  __RMN _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR20060012204, dated 22
March 2007.  As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by showing he was
advanced to Specialist Four on 30 March 2005, in order for this rank to be
shown by his name when it is added to the Vietnam Veterans Memorial Wall.




                                  _____John T. Meixell____
                                            CHAIRPERSON


            INDEX

|CASE ID                 |AR20070005240                           |
|SUFFIX                  |                                        |
|RECON                   |AR20060012204  2007/03/22               |
|DATE BOARDED            |2007/04/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/09/01                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disb Ret                                |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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