PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 February 2000                  
	DOCKET NUMBER:   AR1999025075

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests:  that his records be corrected to show that he was a Sergeant (E-5) from March 1970 until his separation on 8 May 1970; and that he be paid for the period he was an E-5.

3.  The applicant states that he was given a “field commission from E-4 to E-5” in March 1970, but never received orders or pay.  As proof, he provides a copy of his citation for the Bronze Star Medal for Valor, dated 18 April 1969 (issued 14 May 1973), which lists his rank as Sergeant (E-5).  He also provides a copy of his installation clearance record, dated 8 May 1970, which shows his rank as Specialist Four (E-4).

4.  The applicant’s military records show that he was inducted into the Army of the United States for 2 years on 9 May 1968.  He underwent Basic Combat Training at Fort Bragg, North Carolina, and Advanced Individual Training as an infantryman at Fort Polk, Louisiana.  On 9 October 1968, he arrived in Vietnam for duty with Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division.

5.  On 18 April 1969, the applicant was wounded in the chest and abdomen by rocket-propelled grenade fragments while on a search and clear mission in Tay Nihn Province, Republic of Vietnam.  He was hospitalized in Vietnam and evacuated to Womack Army Hospital, Fort Bragg, on 13 May 1969.  All of his hospital records show his rank at the time as Specialist Four (E-4).

6.  Upon recovering from his wounds, the applicant was reassigned to the 138th Military Police Company, Fort Jackson, South Carolina, where he served as a military policeman until honorably discharged on 8 May 1970.  All pertinent documents at the time reflect the applicant’s rank as Specialist Four (E-4).

7.  The applicant was separated on 8 May 1970.  His DD Form 214, Report of Transfer or Discharge, shows his rank as PFC (E-3).  Although his Purple Heart is reflected on his DD Form 214, there is no mention of his Bronze Star Medal for Valor, and there is no DD Form 215, Correction to DD Form 214, showing that award.

CONCLUSIONS:

1.  Although the applicant’s citation for award of the Bronze Star Medal for Valor indicates his rank as Sergeant (E-5), there is nothing in his record to show that he was ever promoted to that rank.  Most likely, he was made an Acting Sergeant on temporary unit orders while in Vietnam.  Once he departed that unit, the orders were removed from his file and his rank reverted to Specialist Four (E-4).  Furthermore, Acting Sergeants were not paid as E-5s, but paid the pay of their permanent grade.  Although there are no promotion orders in the applicant’s file to show his promotion to Specialist Four, there is ample documentation to support his promotion to that rank.  

2.  The applicant’s DD Form 214 reflects that he was separated as a PFC and does not reflect the award of a Bronze Star Medal for Valor.  When the applicant cleared his unit at Fort Jackson in preparation for discharge, he was a Specialist Four on the day of separation.  It is, therefore, logical to assume that he separated as a Specialist Four (E-4).

3.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 showing that his grade, rate or rank at separation was SPC (E-4) and that he was awarded the Bronze Star Medal with V Device for Valor.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__CMF__  ___JEA__  __LE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Calvin M. Fowler__
		        CHAIRPERSON

INDEX

CASE ID	AR1999025075	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.0000	
2.	107.0014	
3.	110.0000	
4.		
5.		
6.