PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 March 2001                   
	DOCKET NUMBER:   AR2000050117

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 Report of Transfer or Discharge, DD Form 214, be corrected to show his rank and grade as Sergeant, E-5.  He also requests replacement of all his medals.

3.  The applicant states that he found the orders that promoted him to Sergeant.  He lost everything, his duffel bag and his black bag, when he was returning from overseas.  He did not care at the time but now he does.  He wants his sons to have his medals.

4.  The applicant’s military records show that he was inducted into the Army on    8 December 1967.  He arrived in Vietnam on or about 28 August 1968.  He was promoted to Sergeant on Special Orders 148, Headquarters, 9th Infantry Division dated 28 May 1969 with a date of rank of 1 May 1969.  He departed Vietnam on 10 July 1969 and was released from active duty on 10 July 1969 after completing 1 year, 7 months, and 2 days of creditable active service with no lost time.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as “excellent” throughout his service.  His DD Form 214, items 5a, 5b and 6, erroneously show his rank as Private First Class, his pay grade as E-4, and his date of rank as 22 May 1968, respectively.

5.  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.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted to Sergeant, E-5 shortly before his separation but his DD Form 214 does not reflect his promotion.

2.  The evidence of record also shows that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 8 December 1967 through 10 July 1969.

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 8 December 1967 through 10 July 1969.

2.  That the applicant’s DD Form 214 be corrected to add the Army Good Conduct Medal and to show his rank and grade as Sergeant, E-5 and his date of rank as 1 May 1969.

3.  That the applicant be reissued all of his awards and decorations.

BOARD VOTE:  

__slp___  __jpi___  __rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050117	
SUFFIX		
RECON		
DATE BOARDED	20010322	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	107.0056	
3.		
4.		
5.		
6.