PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  19 October 2000
	DOCKET NUMBER:  AR2000040354

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz		Chairperson	
	Ms. Tracy L. Pinson		Member	
	Mr. Christopher J. Prosser		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 separated in pay grade E-5 not E-4.

3.  The applicant states that in Vietnam he was the honor graduate from leadership school that carried an automatic one rank promotion.  Several weeks after separation he received the paperwork with back pay for several months.  He no longer has a copy of the paperwork.

4.  The applicant’s military records show that he was inducted and entered active duty on 18 February 1969.  He completed training as an infantryman and was assigned to Vietnam.  He was promoted to pay grade E-4 effective 8 January 1970.

5.  On 8 April 1970 the applicant was wounded by friendly artillery fire directed at the enemy.  He was awarded the Purple Heart for these wounds.  On 7 May 1970 the applicant was wounded again while in action against the enemy.  He was awarded a second Purple Heart for this wound.  This second Purple Heart is not documented on his report of separation.

6.  On 3 August 1970 he was reassigned to Fort Carson, Colorado.  Effective 6 January 1971 the applicant was separated from active duty and transferred to the USAR.  His report of separation (DD Form 214) shows his pay grade as E-4. However, it was noted that several awards are not included in the decorations block.

7.  The available records contain a 13 June 1970 Letter of Commendation congratulating the applicant on being selected as the honor graduate of the division Combat Leaders Course.  There is no mention of his promotion to pay grade E-5.  Additionally, his DA Form 20 (Enlisted Qualification Record) records his last promotion as pay grade E-4.

8.  Also in the available records are orders that award the applicant 2nd class gunner qualification with the machinegun, marksman qualification with the rifle, and the Good Conduct Medal which was awarded 2 weeks after his separation.

CONCLUSIONS:

1.  All of the available records, and that submitted by the applicant, provide no evidence that he was promoted to pay grade E-5 at any time prior to his separation.

2.  There is sufficient evidence of record to show that the applicant was awarded the second award of the Purple Heart, the Good Conduct Medal, the 2nd class gunner qualification with the machinegun, and the marksman qualification with the rifle which should be added to his DD Form 214.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Purple Heart with oak leaf cluster, the Good Conduct Medal, the machinegun qualification badge 2nd class, and the Marksman qualification badge with rifle bar.

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

BOARD VOTE:  

__el___  ___tp____  ___cp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ernest W. Lutz___
		        CHAIRPERSON

INDEX

CASE ID	AR2000040354	
SUFFIX		
RECON		
DATE BOARDED	20001019	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.	129.05	
3.		
4.		
5.		
6.