PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 June 2002
	DOCKET NUMBER:   AR2002069887

	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. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		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, in effect, that his separation document (DD Form 214) 
be corrected to show the highest rank he held and all awards to which he is entitled.

3.  The applicant states, in effect, that his recommendations for promotion and awards were submitted prior to his leaving Vietnam and did not reach his next duty station.  He states that a correction of his records would clarify his military career to his family.  In support of his application, he submits a copy of his separation document (DD Form 214). 

4.  The applicant’s military records show that on 7 July 1967, he was honorably released from active duty (REFRAD), by reason of expiration term of service (ETS), after completing 3 years of active military service. 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 5 January to 11 December 1966, and that he participated in one campaign.  It also shows that while he was serving in the RVN, he was assigned to Headquarters, and Headquarters Company, 1st Battalion (Mechanized), 5th Infantry Regiment, and performed duties in military occupational specialty 63C (Track Vehicle Mechanic).  

6.  Item 33 (Appointments and Reductions) of the applicant’s DA Form 20 shows that he was promoted to specialist four/E-4 (SP4/E-4) on 16 November 1965, and that this was the highest rank he held while serving on active duty.  It also shows that he was reduced to private first class/E-3 (PFC/E-3) on 24 May 1966, and to private/E-2 (PVT/E-2) on 13 February 1967.  On 11 April 1967, he was again promoted to PFC/E-3, and on 5 June 1967, he was again reduced to PVT/E-2.  

7.  The DD Form 214, issued to and signed by the applicant on the date of his separation, confirms that on the date of his separation he held the rank and pay grade of PVT/E-2.  This document also shows that during his active duty tenure, he earned the following awards and decorations:  Army Commendation Medal; Combat Infantryman Badge; National Defense Service Medal; Vietnam Service Medal with 1 bronze service star; and Republic of Vietnam Campaign Medal with 60 Device.

8.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4, states in effect, that the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his assignment tenure, the applicant’s unit earned the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1.  The Board notes the request that his DD Form 214 be corrected to show the highest rank he held on active duty, but finds an insufficient evidentiary basis to support this relief.  

2.  The evidence of record confirms that the highest rank the applicant attained during his active duty tenure was SP4/E-4.  However, it also clearly establishes that he never regained this rank prior to his separation and that on the date of his REFRAD, he held the rank of PVT/E-2.  

3.  By regulation, the active duty grade of rank and pay grade held at the time of separation will be entered on the separation document.  Therefore, the Board concludes that the rank and pay grade PVT/E-2 listed in the applicant’s DD Form 214, issued on 7 July 1967, is correct, and it finds there is insufficient evidence to support the requested relief in this case.

4.  The Board did find merit in the applicant’s request that all awards to which he was entitled be added to his record.  The evidence of record shows that during his assignment tenure in the RVN, the applicant’s unit earned the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards were not included in the applicant’s record or separation document, and the Board concludes that it would be appropriate to add them to his record at this time. 

5.  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, particularly the DD Form 214 of the individual concerned, dated 7 July 1967, be corrected to show he earned the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

_SK___  ___JTM__  __TEO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		          Stanley Kelley     _
		         CHAIRPERSON

INDEX

CASE ID	AR2002069887	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/06	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.0900	
2.		
3.		
4.		
5.		
6.