PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           28 March 2002
	DOCKET NUMBER:   AR2001063251

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 military records be corrected to show the rank and pay grade of specialist four/E-4 (SP4/E-4).

3.  The applicant states, in effect, that he was promoted to SP4/E-4, but his promotion was not recorded in his Official Military Personnel File (OMPF).  In support of his application, he submits a copy of his promotion order to the temporary grade of SP4/E-4 and a copy of his separation document (DD Form 214).

4.  The applicant’s military records show that on 23 August 1968, he was honorably released from active duty (REFRAD), by reason of expiration term of service (ETS), after completing 2 years of active military service and was transferred to the United States Army Reserve (USAR). 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 27 January 1967 to 26 January 1968 and participated in three campaigns.  It also shows that while serving in the RVN, he was assigned to Headquarters, and Headquarters Company, 
25th Infantry Division, and performed duties in military occupational specialty MOS 12A (Pioneer).  

6.  Item 33 (Appointments and Reductions) of the applicant’s DA Form 20 shows that the highest rank and pay grade he was promoted to while serving on active duty was private first class/E-3 (PFC/E-3), there is no entry in this item that indicates he was ever promoted to SP4/E-4.  Item 48 (Date of Audit) of the applicant’s DA Form 20 also confirms that he audited his record on 21 August 1968, thereby, verifying the information contained therein, to include this promotion date in Item 33.  In addition, there are no orders or documents on file in the applicant’s Military Personnel Records Jacket (MPRJ) that give any indication that he was ever promoted to SP4/E-4.  

7.  On 26 July 1972, the applicant was discharged from the USAR effective 
23 August 1972 due to ETS in pay grade E-3

8.  The DD Form 214, issued to and signed by the applicant on the date of his separation, confirms that at the time of his separation he held the rank and pay grade of PFC/E-3 and that he was serving in MOS 12A (Pioneer).  This document also shows that during his active duty tenure he earned the following awards and decorations:  National Defense Service Medal; Vietnam Service Medal; and Republic of Vietnam Campaign Medal with 60 Device. 

9.  The applicant’s MPRJ contains no derogatory information and no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.  However, there was a copy of General Orders Number 62, dated 5 January 1968, issued by Headquarters, 25th Infantry Division, that awarded him the Army Commendation Medal, for meritorious service, during the period January 1967 to December 1967, while assigned to Headquarters, and Headquarters Company, 25th Infantry Division, RVN. 

10.  The applicant provided a copy of Unit Orders Number 4, dated 
8 January 1968, issued by Headquarters, and Headquarters Company, 
25th Infantry Division, which indicates that he was promoted to SP4/E-4, effective 8 January 1968.

11.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except for the first award, which is authorized for a period of service of more than 1 year at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified and current practice requires that unit commanders provide written notice of non-favorable consideration and allow individuals the opportunity to respond/rebut the reason for denial of the award.

12.  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 for the period 1 March 1966 to 1 August 1968 by Department of the Army General Order Number 48, dated 1971.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 31 March 1966 to 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

CONCLUSIONS:

1.   The Board notes the applicant’s request that his military records be corrected to show he was promoted to the rank of SP4/E-4, effective 8 January 1968.  However, although he provided a copy of unit orders that seem to indicate he was promoted to SP4/E-4, effective 8 January 1968, the Board finds insufficient corroborating evidence to support this claim.  

2.  The Board noted and considered the promotion order provided by the applicant.  However, it is unable to reconcile this promotion order with the evidence of record.  The record confirms that the applicant verified the information in his DA Form 20, to include the promotion data showing he was a PFC/E-3, on 21 August 1968, more than 7 months after he claims he was promoted.  

3.  Further, the applicant authenticated his DD Form 214, which listed his rank and pay grade as PFC/E-3, during his separation processing, and there is no indication that he ever raised the issue of his promotion while he was still on active duty.  Finally, the Board finds his explanation that he just found the order does not sufficiently explain the lack of corroborating evidence in the record or his failure to address the issue while he was still on active duty or why he waited over 30 years to seek relief.  Therefore, the Board concludes there is insufficient evidence to support granting the requested relief. 

4.  However, during its review of this case, the Board did note the applicant is entitled to receive the AGCM.  Lacking any derogatory information on file or a specific disqualification by any of his unit commanders, that the record confirms that he served a qualifying period of honorable service that entitles him to receive the first award of the AGCM.  

5.  Further, the Board finds that he served in three campaigns during his tenure in the RVN which entitles him to 3 bronze service stars for wear on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Medal First Class Unit Citation.  Therefore, the Board finds that it would be appropriate to add these awards to his records at this time.

6.  The record also confirms that the applicant was awarded the Army Commendation Medal and this award was erroneously omitted from the list of authorized awards entered in his DD Form 214.  Therefore, the Board finds it would also be appropriate to add this award to his record at this time. 

7.  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 individual concerned the Army Good Conduct Medal for his honorable service from 24 August 1966 to 23 August 1968; by showing he is entitled to 3 bronze service stars with his Vietnam Service Medal; by adding the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his records; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:  

__FNE__  ___LE___  ___TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001063251	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/28	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131. 09	
2.		
3.		
4.		
5.		
6.