PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            8 August 2000
	DOCKET NUMBER:   AR2000036052

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show his rank as E-5 instead of E-4 and any awards to which he may be entitled.

3.  The applicant states that he was promoted to E-5 in Vietnam in 1969.  

4.  The applicant’s military records show that he was inducted on 17 January 1968.  He served as an infantry indirect fire crewmember in Vietnam from 
8 August 1968 through 15 August 1969 and was honorably discharged on 
23 August 1969.

5.  Item 5a (Grade Rate or Rank) on the applicant’s DD Form 214 shows
“SP4 (T)” and item 5b (Pay Grade) shows “E-4”. 

6.  DA Form 2139 (Financial Data Records Folder) for the period 1-23 August 1969 shows the applicant was promoted to E-5 on 6 April 1969 and was paid for the period as an E-5.  DA Form 137 (Installation Clearance Record), which is undated, shows the applicant’s grade as sergeant (E-5).  His separation orders, dated 23 August 1969, also show “SGT” [sergeant].   

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  This award is not shown on his discharge document.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.  This award is not shown on his discharge document.

9.  Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

CONCLUSIONS:

1.  Evidence of record shows the applicant was promoted to E-5 on 6 April 1969. Therefore, he is entitled to correction of his DD Form 214 to show this rank and pay grade.

2.  The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.
3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected: 

	a.  by deleting the entry “SP4 (T)” in item 5a (Grade Rate or Rank) and deleting the entry “E-4” in item 5b (Pay Grade) on the DD Form 214 of the individual concerned; and

	b.  by adding the entry “SGT” in item 5a and adding the entry “E-5” in item 5b of his DD Form 214; and

	c.  by adding the entries “Republic of Vietnam Gallantry Cross with Palm Unit Citation” and “Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation” in item 24 (Decorations, Medals, Badges, Commendations Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214.

BOARD VOTE:  

SK_____  JEA_____  REB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2000036052	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690823	
DISCHARGE AUTHORITY	AR 635-200 chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.	107.0094	
3.	107.0095	
4.		
5.		
6.