PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               20 January 1999
	DOCKET NUMBER:      AC9810731
				     AR1998012516

	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 Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Army Commendation Medal with “V” device, Distinguished Unit Citation, the Armed Forces Expeditionary Medal, the Army Service Ribbon, the NCO Professional Development Ribbon, the Overseas Service Ribbon and other awards to which he is entitled.

3.  The applicant states, in effect, that the aforementioned awards are not listed and his DD Form 214 is incorrect.  

4.  The applicant’s military records show he enlisted on 21 May 1948 as a armor crewman.  He continued to serve through a series of continuous reenlistments until he was honorably retired for length of service (20 years) on 31 August 1968 and placed on the Retired List in the pay grade of E-7, effective 1 September 1968.

5.  The applicant’s DD Form 214 shows he was awarded the Good Conduct Medal (3rd award), the National Defense Service Medal with one oak leaf cluster, the Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, the Purple Heart, the Bronze Star Medal, the Army Commendation Medal with one oak leaf cluster, the Expert Marksmanship Qualification Badge with Rifle bar, the Marksmanship Qualification Badge with Carbine bar, and the Sharpshooter Qualification Badge with Machine Gun bar.

6.  The applicant’s records contain a DD Form 215 (Correction to DD Form 214) which amended his DD Form 214 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Republic of Vietnam Civil Actions Honor Medal, the First Class Unit Citation Badge, the Meritorious Unit Commendation, the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, the Army Commendation Medal with “V” device first oak leaf cluster, and to show his service in Vietnam from 18 June 1966 to 17 June 1967.  As a result, these awards are not discussed further.

7.  The Board notes that the applicant is entitled to the six awards of the Good Conduct Medal, however, only three awards of the Good Conduct Medal are shown on his DD Form 214.  A review of the applicant’s record show that he was entitled to the Good Conduct Medal for the periods of service from 21 May 1948 to 20 May 1951 (1st award), 21 May 1951 to 20 May 1954 (2nd award), 21 May 1954 to 20 May 1957 (3rd award), 11 June 1957 to 10 June 1960 (4th award)
11 June 1961 to 10 June 1963 (5th award), and from 11 June 1963 to 10 June 1966 (6th award).

8.  The applicant’s DD Form 214 does not show the award of the Armed Forces Expeditionary Medal, the Army Service Ribbon, the NCO Professional Development Ribbon, and the Overseas Service Ribbon as authorized awards.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in the regulation.

11.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

12.  Army Regulation 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and US Army Reserve soldiers for successful completion of designated NCO professional development course.

13.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

CONCLUSIONS:

1.  There is no evidence that the applicant served a period of qualifying service for award of the Armed Forces Expeditionary Medal.  His service in Korea was prior to authority for awarding the Armed Forces Expeditionary Medal for service in Korea.  His service in Vietnam occurred after authority was terminated for awarding the Armed Forces Expeditionary Medal for service in Vietnam.  Therefore, the applicant is not entitled to award of the Armed Forces Expeditionary Medal.

2.  Evidence of record shows that the Army Service Ribbon, the NCO Professional Development Ribbon, and the Overseas Service Ribbon were not established until 10 April 1981, which was after his discharge.  He served no period of active duty or, other qualifying service for these awards.  Therefore, he is not entitled to these awards.

3.  The applicant is entitled to six awards of the Good Conduct Medal for his entire period of service.  Therefore, he is entitled to correction of his records to show six awards of the Good Conduct Medal.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 24 of his DD Form 214 that he was awarded the six
awards of the Good Conduct Medal.

2.  That the applicant be issued a new DD Form 214 incorporating the corrections listed on the DD Form 215, dated 12 September 1998, and the corrections directed by this Board.

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

BOARD VOTE:  

JH_____  RWG_____  DSJ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-10731/ar1998012516	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990120	
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.		
3.		
4.		
5.		
6.