PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              23 December 1998
	DOCKET NUMBER:      AC98-12739 
      AR1998012708

	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:

	Mr. Raymond V. O’Connor, Jr. 		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		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 records be corrected to show that he served in combat during Vietnam and that he was authorized the awards appropriate for his service in Vietnam.

3.  The applicant states, in effect, that he has no awards showing that he served in combat in Vietnam.  He also states that he was immediately transferred which prevented him from reviewing his records to ensure he received the proper awards.  In support of his application he submits a copy of his military pay voucher. 

4.  The applicant’s military records show that he enlisted on  4 March 1969 and served as a general construction machine operator.  He served in Vietnam and  was honorably discharged on 8 January 1972.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/60 device, the Overseas Service Bar, and the Expert Badge (M16/M14).  Item 30 (Remarks) of his DD Form 214 also shows service in Vietnam from 24 April 1970 to 31 March 1971.

6.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal and the Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214. 

7.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant was recommended for the first award of the Good Conduct Medal.  

8.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order 24, dated 1972.

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.

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 4 March 1969 through 8 January 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

2.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore he is entitled to the correction of his records to show this award.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal and the Vietnam Civil Actions Honor Medal First Class Unit Citation. 

BOARD VOTE:  

RVO____  KAK____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12739	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981223	
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.