PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 September 2000                  
	DOCKET NUMBER:   AR2000041298

	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:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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 (Report of Transfer or Discharge) with an effective date of 12 December 1969 to show his rank as E-5 (sergeant) instead of E-4 (corporal) and award of the National Defense Service Medal and the Marksmanship Qualification Badge with Pistol Bar. 

3.  The applicant states, in effect, that his DD Form 214 does not show his discharge rank as E-5 or reflect the awards (National Defense Service Medal and Marksmanship Qualification Badge with Pistol Bar) shown on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of Kansas).  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 
24 March 1966, DD Form 214 with an effective date of 12 December 1969, a NGB Form 22 with an effective date of 3 January 1970, an Honorable Discharge Certificate from the Army National Guard dated 3 January 1970 and an Honorable Discharge Certificate from the USAR dated 31 May 1971.  

4.  The applicant’s military records show that he enlisted in the Kansas Army National Guard on 1 June 1965 for a period of 6 years.  He was ordered to active duty on 15 November 1965, honorably released from active duty on 24 March 1966 and released to the Kansas Army National Guard.  The applicant was ordered to active duty on 13 May 1968 for a period of 2 years.  He was honorably released from active duty on 12 December 1969 and returned to State control to complete his remaining service obligation.  The applicant was honorably discharged from the Kansas Army National Guard on 3 January 1970 and honorably discharged from the USAR on 31 May 1971. 

5.  Item 5a (Grade, Rate or Rank) on the applicant’s DD Form 214 with an effective date of 12 December 1969 shows “CPL (T)” [corporal temporary] and item 5b (Pay Grade) shows “E-4”.  

6.  The applicant’s DD Form 214 with an effective date of 12 December 1969 does show the National Defense Service Medal as an authorized award.  Therefore, this portion of the applicant’s request for award of the National Defense Service Medal will not be discussed further in these Proceedings.  

7.  The applicant’s DD Form 214 with an effective date of 12 December 1969 does not show the Marksmanship Qualification Badge with Pistol Bar as an authorized award. 

8.  Item 33 (Appointments and Reductions) on the applicant’s DA Form 
20 (Enlisted Qualification Record) shows that he was promoted to E-5 (sergeant) on 31 October 1969 by Headquarters 5th Infantry Division Special Orders 318.

9.  5th Infantry Division (Mechanized) and Fort Carson Special Orders Number 94, dated 4 April 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar. 
   
CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 with an effective date of
12 December 1969 does not show his discharge rank as E-5 is valid.  Evidence of record shows the applicant was promoted to E-5 (sergeant) on 31 October 1969.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 12 December 1969 to show this rank and pay grade.  

2.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar on 4 April 1969.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 12 December 1969 to show this badge.   

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

RECOMMENDATION:

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

	a.  by deleting the entry “CPL (T)” in item 5a (Grade Rate or Rank) and deleting the entry “E-4” in item 5b (Pay Grade) on the DD Form 214 with an effective date of 12 December 1969 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 entry “Marksman Marksmanship Qualification Badge with Pistol Bar” in item 24 (Decorations, Medals, Badges, Commendations Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214.

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

BOARD VOTE:  

CLA____  WTM____  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000041298	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691212	
DISCHARGE AUTHORITY	AR 135-20  	
DISCHARGE REASON	Release of unit of ARNG and return to State control	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.	107.0110	
3.		
4.		
5.		
6.