PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 February 2001  
	DOCKET NUMBER:   AR2000048501

	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 Separation from Active Duty) with an effective date of 6 April 1977 to show staff sergeant 
(E-6) instead of sergeant (E-5); the Bronze Star Medal with “V” Device instead of the Bronze Star Medal; and that the length of the Jungle Operations Training Course (JOTC) show three weeks instead of one week.

3.  The applicant states that during his stay at William Beaumont Army Hospital in El Paso, Texas, he was told that he would achieve the rank of staff sergeant.  He contends that his Bronze Star Medal should also include the “V” Device and that the JOTC should reflect three weeks instead of one week.  In support of his application, he submits a copy of his DD Form 214 with an effective date of
6 April 1977.

4.  The applicant’s military records show that he enlisted on 15 September 1967 for a period of 3 years.  He served as a combat engineer in Vietnam from 
29 February 1968 through 25 November 1969 and was promoted to sergeant 
(E-5)/specialist five (SP5) on 24 August 1970.    

5.  The applicant was placed on the Temporary Disability Retired List (TDRL) in the grade of SP5 on 7 April 1977.  He was removed from the TDRL on 31 August 1979 and permanently retired with a 50% disability on 1 September 1979.  His rank shown on the orders effecting this action is SP5.  DA Form 3713 (Data for Retired Pay), dated 20 August 1970, shows his retired grade as SP5.

6.  Item 6a (Grade, Rate or Rank) on the applicant’s DD Form 214 with an effective date of 6 April 1977 shows the entry “SGT” [sergeant] and item 6b (Pay Grade) shows the entry “E5”.  The DD Form 214 does not show the Bronze Star Medal with “V” Device as an authorized award.  Item 27 (Remarks) on the DD Form 214 shows the entry “USARSO [United States Army South] JOTC 1 wk [week] 1972”.

7.  Item 33 (Appointments and Reductions) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was promoted to sergeant 
(E-5)/specialist five (SP5) on 24 August 1970.

8.  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 placement on the TDRL. 

9.  The applicant’s DD Form 214 with an effective date of 6 April 1977 shows the Bronze Star Medal as an authorized award.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 shows the applicant was awarded the Bronze Star Medal by Headquarters 1st Cavalry Division (Airmobile) General Orders 13188.  However, the applicant’s military records contain a copy of Headquarters 1st Cavalry Division (Airmobile) General Orders Number 13188, dated 26 October 1969, which show the applicant was awarded the Bronze Star Medal with “V” Device for heroism on 12 May 1969 in Vietnam.  

10.  Item 27 (Military Education) on the applicant’s DA Form 20 shows he attended the JOTC at USARSO for one week in 1972.  

11.  Headquarters 1st Cavalry Division (Airmobile) General Orders Number 12041, dated 2 October 1969, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in Vietnam during November 1968 to October 1969.  This award is not shown on his discharge document.

CONCLUSIONS:

1.  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 placement on the TDRL.  Therefore, the applicant is not entitled to correction of his DD Form 214 with an effective date of 6 April 1977 to show staff sergeant (E-6) as his rank and pay grade.

2.  The applicant received the Bronze Star Medal with “V” Device for heroism on 12 May 1969 in Vietnam.  His DD Form 214 with an effective date of 6 April 1977 incorrectly shows the Bronze Star Medal.  Therefore, the applicant is entitled to correction of his DD Form 214 to show the Bronze Star Medal with “V” Device.

3.  Although the applicant contends that the length of the JOTC was three weeks, his Enlisted Qualification Record shows that the length of this course was one week.  Therefore, there is no basis for correction of this entry in item
27 (Remarks) on his DD Form 214 with an effective date of 6 April 1977. 

4.  The applicant was awarded the Air Medal; therefore, he is entitled to correction of his DD Form 214 with an effective date of 6 April 1977 to show this medal.

5.  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 “Bronze Star Medal” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 6 April 1977 of the individual concerned; and

	b.  by adding the entries “Bronze Star Medal with “V” Device” and “Air Medal” in item 26 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	AR2000048501	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19770406	
DISCHARGE AUTHORITY	 10 USC 1202	
DISCHARGE REASON	Placed on the Temporary Disability Retired List	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.	107.0014	
3.	100.0700	
4.		
5.		
6.