PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                27 January 1999              
	DOCKET NUMBER:       AR1999014691

	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. Loren G. Harrell		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. John H. Kern		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM), the Good Conduct Medal (GCMDL) and to show his rank as sergeant (SGT)/pay grade E-5.

3.  The applicant states, in effect, these awards and rank of SGT are not shown on his DD Form 214.  In support of his application, he submits orders for award of the Army Commendation Medal, the Good Conduct Medal and a copy of his unit’s Recommended Promotion List to Grade E-5.

4.  The applicant’s military records show that he entered active duty on 30 March 1971, completed training as a light weapons infantryman, and was assigned to Fort Knox, Kentucky.  He was released from active duty with an honorable discharge on 29  March 1973.

5.  The applicant’s DD Form 214 does not show the Army Commendation Medal or the Good Conduct Medal as authorized awards.  

6.  The applicant was awarded the Army Commendation Medal by 4th Infantry Division (Mechanized) General Orders Number 88, dated 23 March 1973.

7.  The applicant was awarded the Good Conduct Medal by 4th Infantry Division (Mechanized) General Orders Number 51, dated 14 February 1973.

8.  The applicant’s DD Form 214 shows he was discharged in the rank of 
SP4/E-4.  Orders in the applicant’s records also show he was released from active duty in the rank of SP4/E-4.  The applicant provided a Recommended Promotion List of Enlisted Personnel to be Grade E-5, dated 29 January 1973.  This list shows the applicant was selected for promotion on 13 July 1972 and was awarded 570.5 Order of Merit promotion points.  However, there is no evidence of record that the applicant was ever promoted to SGT/E-5.

9.  The enlisted promotion system in existence at the time, as set forth in Army Regulation 600-200, at chapter 7, was a decentralized system for promotions to pay grades E-5 and E-6.  After a unit commander recommended a soldier for promotion to pay grade E-5 or E-6, local promotion boards were convened to recommend soldiers for promotion to these pay grades and those soldiers were then placed on a field recommended promotion list.  Promotions were accomplished when a position vacancy became available, and the soldier was the ranking individual on the local recommended promotion list.

CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal and the Good Conduct Medal; therefore, he is entitled to correction of his records to show these awards.

2.  There is no evidence the applicant was ever promoted to SGT/ E-5.  There also is no evidence that he accrued sufficient promotion points to qualify for promotion.  Therefore, he is not entitled to correction of his records to show promotion to SGT/E-5.

3.  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 showing the individual concerned was awarded the Army Commendation Medal and the Good Conduct Medal.

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

BOARD VOTE:  

JEV_____  MKP____  JHK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999014691	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990127	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.