PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 October 2001
	DOCKET NUMBER:   AR2001061623

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show his rank/pay grade as SGT/E-5 and that he was awarded the Bronze Star Medal (BSM).

3.  The applicant states that he was a SGT and that he was awarded the BSM.  He provides a copy of his BSM Certificate, which also shows his rank as SGT.

4.  The applicant’s military records show that he served in the Regular Army from 19 September 1967 to 12 September 1970.  Trained as a radio operator, he served in the Republic of Korea from 18 March 1968 to 13 March 1969, and in the Republic of Vietnam from 18 September 1969 to 11 September 1970.  Following his tour of duty in Vietnam, he was transferred to Fort Lewis, Washington, where he was honorably discharged on 12 September 1970.

5.  The applicant's DD Form 214 shows his rank/pay grade as SP4/E-4.  It also shows the following awards:  The National Defense Service Medal; the Armed Forces Expeditionary Medal; the Vietnam Service Medal (VSM); the Republic of Vietnam Campaign Medal w/ 1960 Device; the Sharpshooter Marksmanship Badge (M-16 Rifle) and the Marksmanship Badge (M-14 Rifle).

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  A review of this regulation reveals that the applicant is entitled to the Good Conduct Medal (GCMDL) and four Bronze Service Stars (BSS) for his VSM.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 42, dated 1972.

CONCLUSIONS:

1.  There are no orders promoting the applicant to SGT in his military records.  However, there are numerous documents from his Vietnam service with the 
23rd Infantry Division showing his rank as SGT.  His out-processing paperwork at Fort Lewis also shows his rank as SGT.

2.  There are no orders awarding the applicant the BSM; however, he has submitted his BSM Certificate showing that he was awarded the medal for meritorious service from September 1969 to September 1970.  This Certificate also identifies the applicant as a SGT.

3.  The applicant is entitled to award of the GCMDL, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four BSSs for his VSM.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, correcting Block 5a (Rank) to "SGT" and Block 5b (Pay Grade) to "E-5" and correcting Block 24 (Decorations) to show that he was awarded the BSM, GCMDL, VSM w/4BSS, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

____rjw_  __kan____  __reb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061623	
SUFFIX		
RECON		
DATE BOARDED	20011025	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0014	
2.	129.0500	
3.		
4.		
5.		
6.