PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                15 February 2000
	DOCKET NUMBER:        AR1999028678

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded two awards of the Air Medal (correctly known as the Air Medal with Numeral “2”) and that item 5a (Grade, Rate or Rank) be corrected to show his rank as “SGT” instead of “SP4”.

3.  The applicant states, in effect, that the Air Medal with Numeral “2” is not shown on his DD Form 214 and that item 5a (Grade, Rate or Rank) is incorrect.  In support of his application he submits copies of orders awarding him the Air Medal and a copy of a Disposition Form (Request for Promotion), dated 10 November 1971.

4.  The applicant’s military records show that he was inducted on 1 July 1970 as a light weapons infantryman (11B).  He served in Vietnam from 2 December 1970 to 30 November 1971 and was honorably discharged on 30 November 1971.

5.  His discharge document does not show any additional awards of the Air Medal as authorized awards.

6.  The applicant provided a copy of Headquarters, 3rd Brigade (SEPARATE),
1st Cavalry Division (AIRMOBILE) General Orders Number 1587, dated 29 August 1971, which awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from January 1971 to May 1971.

7.  The applicant provided a copy of Headquarters, 3rd Brigade (SEPARATE),
1st Cavalry Division (AIRMOBLE) General Orders Number 1949, dated 17 October 1971, which awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 1 June 1971 to 14 September 1971.

8.  The Disposition Form provided by the applicant shows that he was recommended for promotion to the rank of E-5 with a waiver.  There is no
evidence in the applicant’s personnel records which shows that he was officially promoted to the rank of SGT/E5.

9.  The applicant’s DD Form 214, which was authenticated in his own hand, shows that in item 5a (Grade, Rate or Rank) the entry “SP4” and in item 5b 
(Pay Grade) the entry “E4”.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded two awards of the Air Medal.  Therefore, he is entitled to correction of his records to show the Air Medal with Numeral “2”.

2.  Evidence of record shows that he was recommended for promotion to the rank of SGT/E5 with a waiver.  However, there is no evidence in the applicant’s personnel records, and the applicant has provided no evidence to show that he was officially promoted to the rank of “SGT” prior to his discharge.  Therefore, there is no basis to correct his DD Form 214.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in that the individual concerned was awarded the Air Medal with Numeral “2”.

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

BOARD VOTE:  

FE______  KAK_____  RA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028678	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19711130	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  64		
2.  1021		
3.		
4.		
5.		
6.