PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 August 2003
	DOCKET NUMBER:   AR2003085042

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 he be awarded the Silver Star w/”V” Device and the Bronze Star Medal (BSM) and that he be promoted to the rank and pay grade of sergeant (E-5).  The applicant’s request for award of the Silver Star “V” Device is addressed by separate correspondence and will not be discussed further.

3.  The applicant states that while he was in Vietnam he was told by a General Officer that he was being recommended for the BSM for meritorious service and that after he served in the pay grade of E-4 for 9 months he would be promoted to the pay grade of E-5.  He states that he never received his medals nor was he ever promoted.  He further states that he was going through his old records only to see that the recognition that was bestowed upon him was not present in his records and it made him sick to his stomach.  He states that for years he has been telling his wife and children what happened and now it is like it never happened.

4.  The applicant’s military records show that he was inducted into the Army in Los Angeles, California, on 26 March 1968.  He successfully completed his training as a light weapons infantryman.  

5.  He was promoted to the pay grade of E-2 on 31 May 1968, and to the pay grade of E-3 on 14 August 1968.  On 14 September 1968, he was transferred to Vietnam.  

6.  On 11 November 1968, he was furnished a temporary promotion to the pay grade of E-4.  The applicant returned to the Continental United States on 13 November 1969 and he was honorably discharged on 16 December 1969 in the pay grade of E-4.

7.  The Report of Transfer or Discharge (DD Form 214) that he was furnished at the time of his discharge shows that his awards include the Air Medal, the Purple Heart, Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the National Defense Service Medal, the Army Commendation Medal w/one Oak Leaf Cluster and the Sharpshooter Badge w/Rifle Bar.

8.  A review of the Qualification Record (DA Form 20) shows that the applicant was also awarded the Parachutist Badge and the Marksmanship Badge.  However, neither of these badges is reflected on his DD Form 214.

9.  On 31 October 1989, the Army Reserve Personnel Center (ARPERCEN) notified the applicant that he was also authorized the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation and the Marksmanship Badge w/ Automatic Rifle Bar.  Although the ARPERCEN forwarded the awards to the applicant, they were never incorporated in his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

CONCLUSIONS:

1.  A review of the records fails to show that the applicant ever held the rank of sergeant (E-5) while he was in the Army.  He was furnished a temporary promotion to the pay grade of E-4 and the promotion never became permanent.  Therefore, his DD Form 214 appropriately shows that he held the temporary rank and pay grade of specialist (E-4).

2.  Although, he was later furnished awards by the ARPERCEN that were not incorporated in his DD Form 214, the BSM is appropriately not reflected because a thorough review of the records fails to show that orders were ever published awarding the applicant the BSM or that he was ever recommended for the BSM.

3.  However, his records should be corrected to show the awards to which he is entitled.

4.  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 amending the DD Form 214 of the individual concerned to show his entitlement to the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Republic of Vietnam Civil Actions Honor 
Medal-First Class Unit Citation, the Parachutist Badge and the Marksmanship Badge w/Automatic Rifle Bar.

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

BOARD VOTE:  

___hbo__  ___tl  ___  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	A2003085042	
SUFFIX		
RECON		
DATE BOARDED	2003/08/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000/AWARDS & DECORATIONS	
2.  60	107.0014/BSM	
3.  310	131.0000/PROMOTION	
4.  319	131.0900/ADVANCEMENT IN GRADE	
5.		
6.