MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 DECEMBER 2002                  
	DOCKET NUMBER:   AR2002073298

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, the applicant requests that he receive retirement pay because of his qualifying years of Regular Army and Reserve service.  He also requests that he be retired in the pay grade of E-7.  He requests that his records be corrected to reflect his correct MOS (Military Occupational Specialty) and to show all the awards that he received.  He lists those awards as the Purple Heart, the Army Commendation Medal, Bronze Star Medal, National Defense Service Medal, Armed Forces Service Medal, Armed Forces Reserve Medal, NCO Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Army Reserve Component Overseas Training Ribbon, Republic of Vietnam Campaign Medal, Republic of Vietnam Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross Unit Citation with Palm, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

APPLICANT STATES:  That his date of entry on his 13 September 1976          DD Form 214 (Report of Separation from Active Duty) should reflect                  15 November 1961 and not the 7 November 1969 date shown.  He refers to a DD Form 13 (Statement of Service) which shows that he was inducted into the Army on 15 November 1961.  He states that his foreign service on his              DD Form 214 should reflect more than the 3 years, 4 months, and 14 days indicated; that his Personal Data Sheet shows that he served 4 years in Vietnam alone.  The applicant lists numerous awards that should be shown on his          DD Form 214.  He states that it was not until receipt of a letter from the Department of Defense that he knew that he did not have enough points to retire. He was told by his superiors that he did [did not?] have enough points, at which time he questioned why he could not return to the military so that he could attain the required points.  

COUNSEL CONTENDS:  Counsel states that the applicant’s submission, in conjunction with the official Army records, amply advance his contentions and substantially reflect the probative facts needed for equitable review. 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant served in the Army National Guard of Puerto Rico from 20 May 1956 through 4 March 1959.  He had 2 years, 9 months, and 15 days of service.  His NGB Form 22 (Report of Separation and Record of Service in the Army National Guard) shows that he had 6 months of active duty for training at Fort Jackson, South Carolina from 8 April 1957 through 15 October 1957, and that he became a member of the Army Reserve to complete his Reserve obligation.

On 6 April 1960 he was released from assignment to the Army Reserve Control Group (Standby) and transferred to the Army Reserve Control Group (Annual Training).

The applicant was inducted into the Army on 15 November 1961.  He was discharged on 14 November 1963 for the purpose of immediate reenlistment.  He had 2 years of service, and 5 years, 5 months, and 25 days of other service.  He had no foreign service.  He served in the Army from 15 November 1963 through 6 November 1969 for a total of 5 years, 11 months, and 22 days, which included 4 years, 9 months, and 29 days of foreign service; and again from 7 November 1969 through 13 September 1976 for a total of 6 years, 10 months, and 7 days.  That latter period of service included 3 years, 4 months, and 14 days of foreign service.  He had a total of 14 years, 9 months, and 29 days of active service, all continuous since his induction in 1961; and 5 years, 5 months, and 24 days of inactive service.  His primary MOS on his 13 September 1976 DD Form 214 is shown as 76Y40; his secondary MOS, 76P40.  His three DD Forms 214 reflect the 4th award of the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Campaign Medal with 60 device, and the Vietnam Service Medal with one silver service star.  However, his 13 September 1976                DD Form 214 does not show award of the Vietnam Campaign Medal with          60 device.  

A 14 September 1973 order published by Headquarters III Corps and Fort Hood shows that the applicant was awarded the primary MOS of 76P40, effective        7 December 1968.  On 28 June 1974 Headquarters, United States Army, Europe and Seventh Army awarded him a primary MOS of 76Y40, and a secondary MOS of 76P40.   

The applicant’s Enlisted Qualification Record (DA Form 20) which he authenticated on 19 June 1974, shows that he served in Germany from August  1964 through May 1966 for a total of 21 months; in Vietnam from 28 September 1966 through 7 November 1968 for a total of 37 months; and again from             8 December 1970 through 8 December 1971 for a total of 12 months.  Thereafter, he served in Germany from April 1974 through September 1976.  That record shows that he participated in ten campaigns during his tours in Vietnam, that he was a staff sergeant, pay grade E-6, and that a copy of that record was forwarded for consideration by a DA promotion board.  A later qualification record, which the applicant authenticated on 8 May 1975, shows his primary MOS as 76Y40 and his secondary MOS as 76P40. 

The applicant’s qualification record shows that he served with the                      54th Transportation Battalion in Vietnam from October 1966 through August 1968, with the 8th Transportation Group from August 1968 through September 1968, and with the Army Element of the Vietnam Regional Exchange (PACEX) of the Army and Air Force Exchange System (AAFES) in Vietnam from September 1968 through November 1968, when he returned to the United States.  He participated in five campaigns during his tour in Vietnam.  The 54th was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Gold Star for its actions during the time the applicant was assigned to that organization.  The 8th was also awarded those medals for its actions during the period the applicant was assigned to that organization.  The Army Element of the PACEX was awarded the Meritorious Unit Commendation for its actions during the time the applicant was assigned to that organization.  The units to which he was assigned were awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for their actions while he was assigned to those organizations.

His qualification record shows that he returned to Vietnam in December 1970 and was assigned to the Army Depot in Qui Nhon.  He returned to the United States in December 1971.  He participated in another five campaigns during this tour in Vietnam.

His qualification record shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with rifle bar. 
 
On 22 November 1974 the applicant was barred from reenlistment under the provisions of the Qualitative Management Program (QMP).  He appealed, and his commander supported his appeal, stating that he believed that the applicant’s low MOS test scores was due to his difficulty in understanding technically complex English language terminology used in MOS tests.  He questioned why an individual could be so practically proficient and effective, and so theoretically unqualified.  His appeal was disapproved based on his marginal performance reflected by below written MOS test scores and below average MOS evaluation scores.  He was discharged on 13 September 1976.  

An 8 December 1987 letter from the Chief of Retired Activities at the Army Reserve Personnel Center shows that the applicant had 18 years of qualifying service for retired pay at age 60.  Additionally, he had earned an additional       117 points for the period 20 May 1976 (the beginning date of his retirement year) until his discharge on 13 September 1976.

The applicant enlisted in the Army Reserve for three years on 18 January 1989.  He was reassigned to the Army Reserve Control Group (Annual Training) from his Reserve unit on 26 June 1990 because of his unsatisfactory participation in unit training assemblies.

The applicant enlisted in the Army Reserve for six years on 25 November 1991.  He was discharged from the Army Reserve on 21 January 1992.

On 18 July 1996 the applicant was released from the Army Reserve Control Group (Reinforcement) and assigned to a troop program unit in Columbia, South Carolina.  On 24 November 1997 he enlisted in the Army Reserve for three years.  On 30 March 1998 he was discharged from the Army Reserve; however, the order effecting that discharge was revoked on 11 May 1999.   

On 29 July 1998 this Board determined that the applicant’s records be corrected to show that he enlisted in the Army Reserve in pay grade E-5 on 25 November 1991 and that he receive the appropriate pay and allowances to which he was entitled (AC98-08407).  In making that determination, the Board noted that on    20 July 1998 the Inspector General for the applicant’s next higher headquarters verified that the applicant had been attempting to have the alleged error [his grade on his enlistment contract] corrected for several years, to no avail; and that on 20 July 1998, the applicant’s former unit administrative technician verified that the applicant served in an authorized E-5 position during the period in question [from 25 November 1991 through a date in 1998].  The Board concluded that the evidence showed that he performed the duties of a sergeant E-5 throughout his enlistment with his unit.

On 11 December 1998 the Army Reserve Personnel Command approved a request to antedate the reenlistment of the applicant to 26 November 1997 (His enlistment contract shows that he enlisted in the Army Reserve for three years on 24 November 1997].

An 8 June 1999 chronological statement of retirement points shows that the applicant had over seven years of Reserve service from 25 September 1991 [his retirement year beginning date] through 30 April 1999; however, only the retirement year ending on 24 September 1997 was a qualifying year for retired pay at age 60.  Additionally, that statement shows a chronological gap in that statement – from 25 September 1995 through 17 July 1996, after which the chronology continues from 18 July 1996 through 24 September 1996 [the end of his retirement year].  Consequently, only 7 retirement points were earned during the retirement year ending on 24 September 1996.    

On 11 August 1999 this Board denied the applicant’s request to correct his records to show that he was promoted to E-7, stating that there were no records to indicate that he had been promoted to that grade (AR1999020978). 

A 16 August 1999 summary points inquiry shows that the applicant did indeed have a “good” year for retired pay at age 60 for the retirement year ending on   24 September 1997.  That inquiry also shows that the applicant had 18 points for the retirement year from 25 September 1997 through 30 March 1998, and         31 points for the retirement year beginning on 1 May 1998 through 30 April 1999.

The applicant’s NCO Evaluation Report for the period March 1998 through February 1999, and his report for the period March 1999 through February 2000, both while assigned to the 175th Maintenance Company, a Reserve unit at Fort Jackson, South Carolina, show that the applicant’s raters considered him to be a fully capable NCO who should be promoted. 

On 13 April 2000 the applicant was assigned to the Retired Reserve effective on 31 October 1999 for maximum age (age 60). 
 
Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

The applicant is not listed as a casualty on the Vietnam Casualty Roster maintained at this agency.

The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

The Army Commendation Medal is awarded to any member of the Armed Forces who distinguishes himself by heroism, meritorious achievement, or meritorious service.  An award of the Army Commendation Medal may be made for acts of noncombat-related heroism which do not meet the requirements for an award of the Soldier’s Medal. 

Since 3 March 1972 the Army Reserve Components Achievement Medal was authorized on completion of 4 years of qualifying service with a Reserve Component unit.  Beginning on 28 March 1995, the period of qualifying service for that award was reduced from 4 years to 3 years.

The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces, for a period of 10 years.  Such years of service must have been performed within a period of 12 consecutive years.  For service after 1 July 1949, a minimum of 50 retirement points must be earned.  Service in a regular component of the Armed Forces is excluded.  

The Army Reserve Components Overseas Training Ribbon was established on 11 July 1984 and is awarded to members of the Reserve Component of the Army for successful completion of annual training or active duty for training for a period not less than 10 consecutive duty days on foreign.  The ribbon may be awarded retroactively for those who successfully completed training on foreign soil in a Reserve status prior to 11 July 1984 provided they have an active status on or after 11 July 1984.

The Armed Forces Service Medal is awarded to military members who participated in Operation Joint Guard in the former Republic of Yugoslavia beginning on 20 December 1996.  It is also awarded to members of the Armed Forces who, after 1 June 1992 participated, or have participated, as members of military units in a military operation that is deemed to be a significant activity, and encounter no foreign armed opposition or imminent threat of hostile action. 

The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981 and is awarded for successful completion of designated NCO professional development courses.  Once a service member has been awarded the NPDR upon graduation from Primary Leadership Development Course (PLDC), or Primary Leadership Development Course-Reserve Components, subsequent appropriate numerals will be awarded to identify completion of higher level NCO Education System Courses.

The Overseas Service Ribbon was established on 10 April 1981, was effective   1 August 1981, and is awarded to all members of the active Army, Army National Guard, and Army Reserve in an active Reserves status who are credited with a normal overseas tour completion.  The ribbon may be awarded retroactively to those soldiers who are credited with a normal overseas tour completion prior to   1 August 1981 provided they had an active Army status, as defined above, on or after 1 August 1981.

The Army Service Ribbon was established on 10 April 1981, was effective on     1 August 1981, and is awarded to members of the active Army, Army National Guard, and Army Reserve in an active Reserve status, for successful completion of initial entry training.  The ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active Army status as defined above on or after 1 August 1981.

The Valorous Unit Award is awarded to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States.  

The Vietnam Presidential Unit Citation was awarded to all personnel assigned to the Military Assistance Advisory Group, Indo-China during August and September 1954.

The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded to units for meritorious service.

The Republic of Vietnam Gallantry Cross Unit Citation is awarded to units for valorous combat achievement.  It is awarded in four degrees - with Palm, Gold Star, Silver Star, and Bronze Star.

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register contains a register of unit citations and campaign participation credits for the war in Vietnam.  The units to which the applicant was assigned in Vietnam do not show award of the Valorous Unit Award or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

Service stars are worn on campaign and service ribbons to denote an additional award.  The service star is a bronze or silver five-pointed star.  A silver star is worn instead of five bronze service stars.

Army Regulation 135-180 implements statutory authorities governing the granting of retired pay to soldiers and former Reserve Component soldiers.  Paragraph    2-1 of that regulation states, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have attained age 60, completed a minimum of 20 years of qualifying service, and served the last 8 years of his qualifying service as a Reserve component soldier (the last 6 years during the period beginning on 5 October 1994 and ending on 31 December 2001).
 
Paragraph 2-8 of the above regulation describes qualifying service, as pertains to this case, as service performed as an enlisted person in an active status in a Reserve component or in active federal service.  After 30 June 1949, a reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.  When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant had over 18 years of qualifying service for retired pay at age    60 when he was discharged from the active Army in 1976.  He enlisted in the Army Reserve in 1989 in sufficient time to attain 20 qualifying years of service, and to participate satisfactorily in Reserve training for six years prior to his mandatory removal date because of his age.  He needed only to attain 50 retirement points in each of 6 years in order to be entitled to retired pay at age 60.  The applicant’s orders, e.g., enlisting him in the Army Reserve while he was yet a Reserve soldier, discharging him and then revoking the discharge; are confusing and not explainable.  Nonetheless, it is apparent that he did not attain the necessary retirement points during his Reserve service after his discharge in 1976 to be entitled to retirement pay at age 60.  From the time of his enlistment in the Army Reserve in 1989 until his transfer to the Retired Reserve ten years later the applicant had attained one qualifying year of service.    He has not provided sufficient evidence to grant his request for retirement pay. 

2.  On 11 August 1999 this Board denied the applicant’s request to correct his records to show that he was promoted to pay grade E-7.  The applicant did not provide any evidence then, nor has he now provided evidence to show that he was promoted to that grade.  Consequently, he is not entitled to have his records corrected to show that he was promoted to pay grade E-7.

3.  The applicant’s military occupational specialties on his 13 September 1976 DD Form 214 are correct.  He was awarded the primary MOS of 76Y40 and the secondary MOS of 76P40 on 28 June 1974.  His enlisted qualification record which he authenticated in May 1975 shows that same information.  His request in this respect cannot be granted.  

4.  The applicant’s 13 September 1976 DD Form 214 is correct concerning the period that he entered on active duty and his period of foreign service.  That form only covers the period as reflected in the date that he entered on active duty (enlisted), 7 November 1969, through the date that he was discharged,             13 September 1976.  His foreign service during that period, his last tour in Vietnam and his tour of duty in Germany, is reflected on that form.  His prior service, to include his prior foreign service, is reflected on his two prior             DD Forms 214. 

5.  There is no evidence and the applicant has not provided any, to show that he was wounded in action.  He is not listed on the Vietnam Casualty Roster, a record maintained at this agency showing soldiers who were wounded during the war in Vietnam.  Consequently, he is not entitled to award of the Purple Heart.

6.  By the same token, there is no evidence and the applicant has not provided any, to show that he was awarded the Bronze Star Medal or the Army Commendation Medal, nor any evidence to indicate that he was recommended for either of those awards.  His request for these awards cannot be granted. 

7.  The applicant has not shown that he had the qualifying years of Reserve service in order to be entitled to award of the Army Reserve Components Achievement Medal.  There is insufficient evidence to grant his request for that award.      

8.  There is no evidence and the applicant has not provided any to show that he served overseas during annual training or on active duty for training while a member of a Reserve component.  He is not entitled to award of the Army Reserve Components Overseas Training Ribbon. 

9.  The applicant has not provided any evidence, nor do his records contain any evidence, to show that he had a period of 12 consecutive years of satisfactory service as a Reserve component soldier.  There is insufficient evidence for award of the Armed Forces Reserve Medal.

10.  He has not shown that he completed a PLDC, or any NCO Education System course, i.e., basis NCO course (BNCOC), ANCOC (Advanced NCO Course), etc. There is no evidence in his records to show completion of an NCO Education System Course.  He is not entitled to award of the NCO Professional Development Ribbon. 

11.  The applicant is not entitled to award of the Armed Forces Service Medal.  There is no evidence and the applicant has not provided any to show that he participated in a military operation subsequent to 1 June 1992.

12.  The applicant is not entitled to award of the Vietnam Presidential Unit Citation, the Valorous Unit Award, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The units to which he was assigned in Vietnam did not receive those awards.

13.  The applicant is entitled to award of the Overseas Service Ribbon for his service in Germany from 1974 to 1976.  He is also entitled to award of the Army Service Ribbon for completion of initial training. 

14.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, three awards of the Meritorious Unit Commendation, and two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Gold Star.  His 13 September 1976 DD Form 214 should show award of the Vietnam Campaign Medal with 60 device.  

15.  The applicant participated in ten campaigns during his tours in Vietnam.  He is entitled to award of the Vietnam Service Medal with two silver service stars.

16.  The applicant’s records should reflect that he was awarded the Sharpshooter Marksmanship Qualification Badge with rifle bar.

17.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency in St. Louis is requested to correct the applicant’s 13 September 1976 DD Form 214 to reflect award of the Overseas Service Ribbon, the Army Service Ribbon, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, three awards of the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Gold Star, the Vietnam Service Medal with two silver service stars, the Vietnam Campaign Medal with 60 device, and the Sharpshooter Marksmanship Qualification Badge with rifle bar.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CLA __  __TSK __  __CVM __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002073298	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	107.00	
3.	136.00	
4.		
5.		
6.