PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 February 2001                  
	DOCKET NUMBER:   AR2000047637

	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. June Hajjar 		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Harry B. Oberg		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 the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) and that his rank be shown as staff sergeant (E-6) instead of sergeant (E-5).

3.  The applicant’s request for issuance of the Vietnam Service Medal and the Vietnam Campaign Medal was addressed by separate correspondence to the applicant.   

4.  The applicant states, in effect, that these corrections should be made to his  DD Form 214.  In support of his application, he submits a letter dated
9 September 2000; orders for the Bronze Star Medal with “V” Device (First Oak Leaf Cluster); orders for the Bronze Star Medal and a copy of his DD Form 214. 

5.  The applicant’s military records show that he enlisted on 24 October 1966 for a period of 3 years.  He served as a medical specialist in Vietnam from 
12 November 1968 to 16 October 1969 and was honorably released on 
17 October 1969.

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) as an authorized award.  The Board notes that the Bronze Star Medal with “V” Device is shown on the DD Form 214.

7.  Item 5a (Grade, Rate or Rank) on the applicant’s DD Form 214 shows the entry “SGT (T)” [sergeant] and item 5b (Pay Grade) shows the entry “E-5”.  

8.  Headquarters 5th Special Forces Group (Airborne), 1st Special Forces General Orders Number 1572, dated 23 September 1969, show the applicant was awarded the Bronze Star Medal for meritorious service in Vietnam.  This award is not shown on his discharge document.

9.  Headquarters 5th Special Forces Group (Airborne), 1st Special Forces General Orders Number 1594, dated 28 September 1969, show the applicant was awarded the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) for heroism on 13 August 1969 in Vietnam.

10.  Item 33 (Appointments and Reductions) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was promoted to sergeant (E-5) on 
23 August 1968.

11.  There is no evidence in the applicant’s personnel service records which shows that he was promoted to staff sergeant (E-6) prior to his separation. 

12.  Headquarters 5th Special Forces Group (Airborne), 1st Special Forces Special Orders Number 185, dated 9 July 1969, show the applicant was awarded the Combat Medical Badge (1st Award).  This award is not shown on his discharge document.

CONCLUSIONS:

1.  The applicant received the Bronze Star Medal with “V” Device (First Oak Leaf Cluster).  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was promoted to staff sergeant (E-6) prior to his separation on 17 October 1969.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show staff sergeant (E-6) as his rank and pay grade.

3.  The applicant received the Combat Medical Badge.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this badge.

4.  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 “BSM w/”V”” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and 

b.  by adding the entries “Bronze Star Medal with “V” Device (First Oak Leaf Cluster)” and “Combat Medical Badge” in item 24 on the DD Form 214.

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

BOARD VOTE:  

JH_____  SP_____  HBO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		June Hajjar___________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047637	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691017	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	102.0200	
3.		
4.		
5.		
6.