PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 March 2002
	DOCKET NUMBER:   AR2001065561

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, 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 his rank and pay grade as sergeant/E-5 (SGT/E-5) and that he earned the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that his DD Form 214 should show his rank and pay grade as SGT/E-5 because he was promoted twice.  Further, he claims that although he received schooling as a cook, the Army realized that his skills lay elsewhere and after he was sent to the Republic of Vietnam (RVN), he was used in military occupational specialty (MOS) 11B (Infantryman).  In support of his application, he submits the following documents: Purple Heart Certificate; DD Form 214; and Enlisted Qualification Record (DA Form 20).  

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that 
the highest rank and pay grade he attained while serving on active duty was private first class/E-3 (PFC/E-3).  It also shows that he served in the RVN from 12 June 1968 to 1 June 1969 and that he was assigned to C Company, 
1st Battalion, 12th Infantry Regiment, 4th Infantry Division.  

5.  In addition, the applicant’s Military Personnel Records Jacket (MPRJ) contains no indication that he was ever recommended for, selected for, or promoted to a rank and pay grade above PFC/E-3 during his active duty tenure.  Further, the MPRJ contains no documents that contain derogatory information or that make any suggestion that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.

6.  On 14 August 1969, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS).  At the time of his separation, he had completed a total of 2 years and 2 months of active military service.  

7.  The DD Form 214 issued to and signed by the applicant on the date of his separation, confirms that at the time of his separation he held the pay grade and  rank of PFC/E-3 and that he was trained and served in MOS 94B (Cook).  This document also shows that during his active duty tenure he earned the following awards and decorations:  National Defense Service Medal; Purple Heart; Vietnam Service Medal; and Republic of Vietnam Campaign Medal with 
60 Device.

8.  On 19 September 1997, a Correction to DD Form 214 (DD Form 215) was published by the Army Reserve Personnel Center (ARPERCEN), which corrected the applicant’s DD Form 214, dated 14 August 1969, to add the entry “11B10 Rifleman” to Item 23a (Specialty Number & Title) and the entry “Combat Infantryman Badge” to Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  

9.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The regulation stipulates that the normal qualifying period for this award is 3 years; however, in the case of the first award, a period of 1 or more years is considered a qualifying period at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified and current practice requires that unit commanders provide written notice of non-favorable consideration and allow individuals the opportunity to respond/rebut the reason for denial of the award.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication confirms that during his assignment tenure, the applicant’s unit earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the rank and pay grade listed in his DD Form 214 is incorrect, but it finds insufficient evidence to support this claim.  However, the Board finds the applicant’s claim of entitlement to the CIB has already been confirmed by an appropriate Army agency and that a correction to his separation document has already been issued to add this award.  Therefore, no further relief in regard to this issue is required. 

2.  The evidence of record confirms the highest rank and pay grade attained by the applicant during his active duty tenure was PFC/E-3, and there are no documents on file in his MPRJ that give any indication that he was ever recommended for or promoted to a higher rank and pay grade.  Therefore, lacking independent evidence to the contrary, the Boards finds insufficient evidence to support changing the rank and pay grade entry in the applicant’s separation document. 

3.  The Board does conclude, lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his unit commanders, that he served a qualifying period of honorable service that entitles him to receive the first award of the AGCM.  In addition, the Board finds that his unit service in the RVN entitles him to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the Board finds that it would be appropriate to add these awards to his records at this time.

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 awarding the individual concerned the Army Good Conduct Medal for his honorable service from 15 June 1967 to 14 August 1969; by showing he earned the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:  

__SLP__  __SK __  __EJA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         __Shirley L. Powell__
		             CHAIRPERSON

INDEX

CASE ID	AR2001065561	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/19	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.