PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                7 October 1998
	DOCKET NUMBER:       AC98-07284

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		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 records to show award of four bronze service stars to be worn on his Vietnam Service Medal, award of the Good Conduct Medal, award of the Meritorious Unit Commendation, two awards of the Vietnam Cross of Gallantry with Palm Unit Citation and authorization for two Overseas Service Bars. 

3.  The applicant states that he should have received these awards, but they were not shown on his DD Form 214 (Report of Transfer or Discharge).

4.  The applicant’s military records show that he entered active duty on 9 April 1969 and served as a military policeman.  He was honorably discharged on 7 January 1972.  In support of his application, the applicant stated that he submitted pages from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, but they are not attached to his application.

5.  The applicant’s DD Form 214 does not show four bronze service stars to be worn on his Vietnam Service Medal, the Good Conduct Medal, the Meritorious Unit Commendation, two awards of the Vietnam Cross of Gallantry with Palm Unit Citation and two Overseas Service Bars as authorized awards.

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 four bronze service stars to be worn on his Vietnam Service Medal and one award of the Vietnam Cross of Gallantry with Palm Unit Citation.  As a result, these awards are not discussed further.

7.  There is no evidence that the applicant was awarded the first award of the Good Conduct Medal.  There also is no evidence that the applicant was disqualified from receiving this award.  His conduct and efficiency throughout his service was rated excellent.

8.  There is no evidence that the applicant’s unit received award of the Meritorious Unit Citation.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show the 23d Military Police Company was awarded the Meritorious Unit Citation during the period the applicant was assigned to that unit.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 23d Military Police Company was awarded the Vietnam Cross of Gallantry with Palm Unit Citation for the periods 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 while the applicant was assigned to the that unit.
10.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) that he was entitled to two Overseas Service Bars.

11.  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.

12.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 9 April 1969 through 7 January 1972 based on completion of a qualifying period of 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.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was assigned to a unit during the period for which it was cited for award of the Meritorious Unit Citation.  Therefore, he is not entitled to award of the Meritorious Unit Citation.

3.  The applicant was a member of a unit while it was cited two different times for award of the Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show two awards of the Vietnam Gallantry Cross with Palm Unit Citation.  However, the applicant is only authorized to wear one award of the Vietnam Gallantry Cross Unit Citation. 

4.  The applicant is entitled to two Overseas Service Bars; therefore, he is entitled to correction of his records to show two Overseas Service Bars.

5.  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 that the individual concerned was awarded the first award of the Good Conduct Medal for the period 9 April 1969 through 7 January 1972, two awards of the Vietnam Gallantry Cross with Palm Unit Citation, and two Overseas Service Bars. 

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

BOARD VOTE:  

SAC____  JEV_____  LLS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON