PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 October 2000                   
	DOCKET NUMBER:   AR2000045374

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson		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 he was promoted to Sergeant (SGT), E-5, with back pay, and that his VA rating be adjusted accordingly.

3.  The applicant states that he attended the Combat Leaders Course in Vietnam with the understanding and promise that he would receive his rank on completion of the course.

4.  The applicant’s military records show that he enlisted in the Regular Army on 6 July 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

5.  The applicant departed for Vietnam in December 1967 and was assigned to Headquarters and Headquarters Company, 2d Battalion, 47th Infantry, 9th Infantry Division on 11 January 1968 where he performed duties as an 11B10 rifleman and as an 11D10 armor intelligence specialist.  He was promoted to Specialist Four (SP4), E-4 on 1 March 1968.  He was awarded primary MOS 11D on          1 March 1968.  He was reassigned to A Troop, 1st Squadron, 1st Cavalry on      18 April 1968.  General Orders 7236, Americal Division, dated 17 September 1968 awarded him the Bronze Star Medal with “V” device.  He was wounded on 24 September 1968 and medically evacuated to Camp Zama, Japan in November 1968.  He was medically retired on 22 April 1969 in the rank and grade of SP4, E-4 after completing 1 year, 9 months and 17 days of creditable active service with no lost time.  His Personnel Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as “excellent” throughout his enlistment.

6.  Army Regulation 600-200 prescribes policies pertaining to career management of Army enlisted personnel.  Chapter 7 at the time prescribed policies pertaining to the promotion and reduction of enlisted personnel.  It stated that individuals could be recommended for promotion by the unit commander only against authorized position vacancies existing or projected for a 2-month period within the command as announced by the promotion authority.  The time-in-service requirement for promotion to E-5 was 21 months, 6 months of which was waivable (15 months minimum).

7.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award 

only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

8.  Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 47th Infantry was awarded the Valorous Unit Award (VUA) for action on 31 January 1968, the Republic of Vietnam Gallantry Cross with Palm for the period               1 December 1966 through 30 June 1968, and the Republic of Vietnam Civil Actions Honor Medal First Class for the period 19 December 1966 through         28 June 1968.  The 1st Squadron, 1st Cavalry was awarded the VUA for the period 24 August through 25 September 1968.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted to SP4 on       1 March 1968.  While his Report of Transfer or Discharge, DD Form 214, shows that he attended the Combat Leaders Course, he provides no evidence to show that he was promised or guaranteed promotion to SGT upon completion of the course.  By regulation, a soldier had to have been recommended for promotion by the unit commander against authorized position vacancies existing or projected for a 2-month period within the command as announced by the promotion authority.  There is no evidence to show that the applicant was ever recommended for promotion.  

2.  The evidence of record does show that the applicant was awarded the Bronze Star Medal with “V” device.  It also shows that he was eligible for award of the Army Good Conduct Medal.  It shows that he was assigned to one unit during a period of time that unit was awarded the VUA, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class and to another unit during a period of time that unit was awarded the VUA.

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 be corrected by awarding the applicant the Army Good Conduct Medal for the period 6 July 1967 through 22 April 1969.

2.  That the applicant’s DD Form 214 be amended to show he was awarded the Bronze Star Medal with “V” device, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class, and two awards of the Valorous Unit Award.

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

BOARD VOTE:  

__ewl___  __cjp___  __tlp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ernest W. Lutz, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045374	
SUFFIX		
RECON		
DATE BOARDED	20001019	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	110.00	
3.		
4.		
5.		
6.