PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 April 2002
	DOCKET NUMBER:   AR2002066756

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 records be corrected to show his rank as a sergeant (SGT), instead of specialist four (SP4).

3.  The applicant states, in effect, that he was promoted to the rank of SGT on 14 October 1971.  However, at the time of separation he was separated in the rank of SP4.  In support of his application he provides a copy of his promotion orders. 

4.  The applicant’s military records show that he was inducted in St. Louis, Missouri on 27 May 1970.  He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 25 November 1970.  He was assigned as a rifleman to Company A, 3rd Battalion, 187th Infantry Regiment and was advanced to the pay grade of E-4 on 11 April 1971.

5.  While in Vietnam he was awarded the Combat Infantryman Badge, the Purple Heart, the Bronze Star Medal, the Army Commendation Medal with “V” device, the Air Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and the National Defense Service Medal.  He attained promotion list standing to the pay grade of E-5 on 22 August 1971.

6.  He departed Vietnam on 25 September 1971 en route to Fort Carson, Colorado.  On 14 October 1971, orders were published in Vietnam which promoted him to the rank of SGT effective the same day.  He reported to Fort Carson on 2 November 1971 and remained there until he was honorably discharged on 23 December 1971, in the rank of SP4.  It should be noted that at the time he underwent his medical and physical examination for separation, all of the documents indicate that he was a SGT.  There are no copies of his orders contained in his records.  His records also contain no derogatory or disciplinary data and all of his conduct and efficiency ratings were deemed as excellent. 

7.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.  In order to disqualify a member for the AGCM, the commander must notify the individual in writing of the basis for the disqualification and be afforded to present matters in their own behalf.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation for service in Vietnam during the period the applicant was assigned to the unit.

CONCLUSIONS:

1.  The applicant clearly was promoted to the rank of SGT on 14 October 1971; however, through an administrative error, the promotion was never posted to his records.  Accordingly, it would be in the interest of justice to do so at this time.

2. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 27 May 1970 to 23 December 1971.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

3.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that  this error should be corrected and the applicant should receive the AGCM at this time.

4.  The Board also determined that the applicant is entitled to be awarded the RVNGC w/palm Unit Citation.  Although this award was authorized subsequent to the applicant’s separation from active duty, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include this award at this time.

5.  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 showing that the individual concerned was promoted to the rank of SGT on 14 October 1971, and by awarding him the RVNGC with Palm Unit Citation and the AGCM for the period 27 May 1970 to 23 December 1971 while serving in the rank of SGT.

BOARD VOTE:  

___teo __  __hof ___  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002066756	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/corr 214	
2.  319	131.0900/adv grd	
3.  102	107.0056/gcm	
4.  140	107.0094/rvngc	
5.		
6.