IN THE CASE OF:
 
		BOARD DATE:	    20 May 2014 

		DOCKET NUMBER:  AR20130016246 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 July 1969 to show his Army of the United States (AUS) service as an inductee.  He also requests award of the Army Good Conduct Medal and promotion to sergeant (SGT)/E-5 or as a new issue, to show permanent grade of specialist four (SP4)/E-4.

2.  He states:

	a.  he should have gotten the Army Good Conduct Medal based on Army Regulation 600-8-22 (Military Awards), paragraph 4-4, dated 25 February 1995. 

	b. he does not have any disqualifying comments in his record.

	c.  he was selected to go to Officer Candidate School when he was in basic training, but he realized he was not prepared to become an officer so he turned down the offer.

	d.  he attended school at Fort Benjamin Harrison, IN, graduated third in his class, served in Vietnam, and was awarded the Army Commendation Medal during his tour in Vietnam.  

	e.  he returned stateside to Fort Riley and was given a position in a mailroom on main post, which was an E-5 position.  

	f.  it may have been an oversight by a company commander since his name was not submitted for the Army Good Conduct Medal.

	g.  his unit in Vietnam had all E-4 slots filled.  When he got promoted, he thought the slot had opened up.  He didn't realize the slot was a temporary slot so he could not get promoted.  

	h.  he should have come out of the Army at least as a permanent E-4.

3.  He provides a self-authored statement.  

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 AR20120000715 on 17 July 2012.

2.  The applicant provided new arguments that will be considered by the Board.

3.  The applicant was inducted into the AUS on 19 July 1966.  On 22 July 1966, he was honorably discharged for the purpose of immediate enlistment in the Regular Army (RA).

4.  Item 24b (Total Active Service) of the DD Form 214 he was issued for the period ending 22 July 1966 shows he completed 4 days of total active service.

5.  He enlisted in the RA on 23 July 1966 for a period of 3 years.  

6.  Special Order Number 265 published by Headquarters, 1st Infantry Division, dated 21 September 1968 appointed him to the temporary rank of SP4/E-4 on 1 September 1968.  His service record is void of orders indicating he was promoted to the permanent rank of SP4/E-4.

7.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 2 (Grade) his grade is listed as SP4/E-4.

	b.  Item 3 (Date of Rank) his date of rank is listed as 1 September 1968.

	c.  Item 31 (Foreign Service) he served in Vietnam from 19 September 1967 to 19 October 1968.

	d.  Item 33 (Appointments and Decorations) he was appointed to private first class/E-3 (Permanent (P)) effective 27 January 1967 and to the temporary rank of SP4/E-4 effective 1 September 1968.

	e.  Item 38 (Record of Assignments) he served as a postal clerk during his assignment in Vietnam.

	f.  Item 38 he received a "good" conduct and efficiency rating for the period 6 February 1967 to 19 August 1967.

8.  There are no orders for the Army Good Conduct Medal in the available records.  

9.  He was honorably released from active duty on 22 July 1969 in the temporary rank/grade of SP4/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

10.  The DD Form 214 he was issued for the period ending 22 July 1969 shows in:

* Item 5a (Grade, Rate or Rank) the entry "SP4 (Temporary (T)) See item 30"
* Item 5b (Pay Grade) the entry "E-4"
* Item 6 (Date of Rank) the entry "1 Sep 68"
* Item 22a(2) (Other Service) the entry "0  0  4" (4 days referring to his AUS service from 19 July 1966 to 22 July 1966)
* Item 30 (Remarks) the entry "Item #5 – PFC (private first class) (P) Aptd (appointed) 27 Jan 67" 

11.  There is no evidence of record which shows he was recommended for promotion to E-5 by a promotion selection board and placed on a permanent recommended promotion list prior to his release from active duty on 22 July 1969.

12.  He provided a self-authored statement in which he stated:

	a.  he wants his file reviewed for a missed promotion to E-5.

	b.  he was placed in a position in charge of the mail room at the headquarters at Fort Riley, KS, which was an E-5 position.

	c.  he was entitled to promotion to E-5 because the person who replaced him got promoted immediately.
	d.  he realized there is no paperwork regarding this promotion for him.

	e.  he was young and inexperienced at the time and he didn't know that anything could be done to correct this error.  

13.  Army Regulation 672-5-1 (Awards), in effect at the time, states 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

14.  Paragraph 5-5 of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states to standardize promotion qualification throughout the Army Reserve and to ensure promotion of the best qualified Soldiers, recommendation by a promotion selection board and placement on a permanent recommended promotion list is required for all promotions to sergeant and staff sergeant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the AUS on 19 July 1966 and was honorably discharged on 22 July 1966 for immediate enlistment in the RA.  He was issued a DD Form 214 which reflects he completed 4 days of active military service during this period.

2.  He enlisted in the RA on 23 July 1966 and was separated on 22 July 1969.  The DD Form 214 issued for this period properly reflects his 4 days of active military service as an inductee.  Therefore, there is no basis for amending his DD Form 214 for the period ending 22 July 1969 to show his AUS service as an inductee.

3.  His service record is void of orders showing he was awarded the Army Good Conduct Medal.  The Military Award regulation in effect  at the time directs that the enlisted person must have had all "excellent" conduct and efficiency ratings. However, his military record shows he had a "good" conduct and efficiency rating during the period 6 February 1967 to 19 August 1967, which is a disqualifying factor for award of the Army Good Conduct Medal.  Therefore, there is no basis for awarding him the Army Good Conduct Medal.


4.  He contends he should have been promoted to E-5 because he served in a mailroom in an E-5 position for several months.  However, since there is no evidence of record which shows he was recommended for promotion to E-5 by a promotion selection board and placed on a permanent recommended promotion list prior to his release from active duty on 22 July 1969, there is insufficient evidence on which to grant his request for a promotion to E-5.

5.  The evidence of record shows he was advanced to the temporary rank of SP4/E-4 on 1 September 1968.  His service record is void of evidence which shows he was promoted to the permanent rank of SP4/E-4 prior to his release from active duty on 22 July 1969.  

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120000715, dated 17 July 2012.




      _______ _ X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130016246





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ABCMR Record of Proceedings (cont)                                         AR20130016246



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