PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 November 2001
	DOCKET NUMBER:   AR2001058717

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 separation document (DD Form 214) be corrected to show his rank and pay grade as staff sergeant/E-6 (SSG/E-6) and that he received a Valor (“V”) Device with his Army Commendation Medal (ARCOM).

3.  The applicant states, in effect, that his DD Form 214 incorrectly lists his rank and pay grade as sergeant/E-5 (SGT/E-5) and does not include the “V” Device with the ARCOM listed in block 26 (decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized). 

4.  The applicant’s military records show that he served in the Army of the United States for 1 year, 11 months, and 19 days from 6 March 1957 until 24 February 1959 when he was honorably separated.  On 18 April 1962, he enlisted in the Regular Army and continuously served on active duty in that status until 
18 December 1974, at which time he was honorably released from active duty (REFRAD) by reason of permanent disability.  

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders Number 1255, dated 17 July 1966, issued by Headquarters, 
1st Infantry Division, APO San Francisco 96345, which confirms that he was awarded the ARCOM with “V” Device based on his heroism in action in the Republic of Vietnam (RVN) on 8 June 1966.

6.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms, in block 33 (appointments and reductions), that applicant was promoted to the rank and pay grade of SSG/E-6 on 6 January 1967 and served in that grade until being reduced to SGT/E-5 for misconduct on 7 February 1974.  

7.  On 4 December 1974, the U.S. Army Military Personnel Center (MILPERCEN) released an electronic message that directed the applicant’s REFRAD on 18 December 1974 and his placement on the Retired List on 19 December 1974, by reason of permanent disability,  in the rank and pay grade of SSG/E-6.

8.  The Data for Retired Pay (DA Form 3713) prepared in connection with this action confirms that the applicant’s active duty grade was SGT/E-5 and that the highest grade he attained while on active duty was SSG/E-6, which was also designated as his retired grade.  Letter Orders Number D 12-33, dated 
4 December 1974, issued by MILPERCEN, directed the applicant’s placement on the Retired List on 19 December 1974 in the retired grade of SSG/E-6.

9.  The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation, 18 December 1974, lists his rank as SGT in item 6a (grade, rate, or rank).  It also lists the following awards that he earned during his active duty tenure in item 26 (decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized):  National Defense Service Medal; Good Conduct Medal (5th Award); Combat Infantryman Badge; Army Commendation Medal; Purple Heart; Vietnam Service Medal with 2 bronze service stars; Vietnam Campaign Medal; 2 Overseas Bars; and Vietnam Cross of Gallantry with Palm.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty, or control of the active Army.  Paragraph 2-4 contains guidance on completing the DD Form 214 and it states, in pertinent part, that the grade, rate or rank listed in the DD Form 214 will be the active duty grade held by the member on the date of separation.

CONCLUSIONS:

1.  The evidence of record confirms that the applicant held the active duty rank and pay grade of SGT/E-5 on the date of his separation.  Therefore, the Board concludes that the entry in item 5a (grade, rate, or rank) of his DD Form 214 is correct. 

2.  The rank entry in the applicant’s separation document only reflects his active duty grade and has no impact on his retired grade.  In his case, the retired grade authorized was SSG/E-6, as evidenced in Letter Orders Number D 12-3, which directed his placement on the Retired List.  Therefore, the Board concludes that a correction to the rank listed in his DD Form 214 is not warranted in this case. 

3.  The evidence of record contains a copy of General Orders Number 1255, dated 17 July 1966, issued by Headquarters, 1st Infantry Division.  This document confirms that the ARCOM earned by the applicant for action on 8 June 1966 in the RVN was for heroism and was awarded with “V” Device.  Therefore, the Board concludes it would be appropriate to correct the record to properly list this award.

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 individual earned the Army Commendation Medal with “V” Device and by providing him a corrected DD Form 214 that lists the Army Commendation Medal with “V” Device in item 26 (decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized) in lieu of the current Army Commendation Medal entry.

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

BOARD VOTE:  

__INW___  ___SK__  __KAH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright__

INDEX

CASE ID	AR2001058717	
SUFFIX		
RECON		
DATE BOARDED	2001/11/15	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 	144.9213	
2.		
3.		
4.		
5.		
6.