PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 October 2000                   
	DOCKET NUMBER:   AR2000045796

	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. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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, that his Report of Transfer or Discharge, DD Form 214, be corrected to show his name spelled with a “g” and to show his rank as Sergeant, E-5.

3.  The applicant states that his last name is spelled with a “g,” not a “q.”  He also states that he made Sergeant while in Vietnam in 1970.

4.  The applicant’s military records show that he was inducted into the Army on 16 July 1969.  His induction papers and all documents in his records, except for his DD Form 214, show his last name spelled with a “g.”

5.  The applicant was assigned to Vietnam on or about 18 December 1969 and was assigned to Battery C, 3d Battalion, 82d Artillery.  He was promoted to Specialist Four, E-4 on 6 July 1970.  He departed Vietnam on or about              17 December 1970.  A Recommended List for Promotion, Headquarters, 75th Field Artillery Group, Fort Sill, OK dated 19 April 1971 shows that he had been recommended for promotion to pay grade E-5 on 15 November 1970.

6.  On 15 July 1971, the applicant was honorably released from active duty in the rank and grade of Specialist Four, E-4 after completing 2 years of creditable active service with no lost time.  His DD Form 214 erroneously shows his last name spelled with a “q.”  His Personnel Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as “excellent” throughout his service.

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 3d Battalion, 82d Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 24 August – 31 December 1969.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was inducted with his last name spelled with “g” and that he served with his last name spelled with a “g.”
His DD Form 214 contains a typographical error in regards to the spelling of his last name.

2.  There is no evidence of record to show the applicant had been promoted to Sergeant.  The evidence of record shows that he had been recommended for promotion to Sergeant and it is likely that he had been appointed an acting Sergeant.  However, that is not the same as a promotion.

3.  The evidence of record also shows that the applicant met the criteria for award of the Army Good Conduct Medal and that he was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm during a period of time he was assigned to the unit.

4.  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 showing that the applicant was awarded the Army Good Conduct Medal for the period 16 July 1969 – 15 July 1971.

2.  That the applicant’s DD Form 214, item 1 be amended to show his last name spelled with a “g” in place of the “q” and that item 24 be amended to add the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm.

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

BOARD VOTE:  

__jns___  __rjw___  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045796	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	131.00	
3.		
4.		
5.		
6.