PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 December 1998                
	DOCKET NUMBER:   AC98-09753

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		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 that his records be corrected to show his education level as 12 years.  In addition, he requests his records be corrected to show two overseas bars and the Vietnam Cross of Gallantry with Palm Unit Citation.

3.  The applicant states that the above was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He provides a State High School Equivalency Diploma which is dated 8 June 1972.

4.  The applicant’s military records show that he enlisted on 24 March 1970.  He served in Vietnam from 18 September 1970 to 1 September 1971.  He was honorably separated on 17 January 1972.

5.  The Board notes the applicant was entitled to award of the Air Medal for Heroism, the Good Conduct Medal, two Overseas Service Bars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his DD form 214.

6.  The applicant’s records show he had 9 years of education upon enlistment.  His high school equivalency diploma was not issued until 8 June 1972, approximately five months after his discharge.

7.  23d Infantry Division, General Orders 10777, dated 27 September 1971, awarded the Air Medal for Heroism to the applicant. 

8.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

9.  There is no indication the applicant was awarded Good Conduct Medal.  There also is no evidence disqualified from receiving this award.  His conduct and efficiency were rated “excellent”.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  Army Regulation 670-1, in effect at the time, governs the requirement for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

CONCLUSIONS:

1.  Evidence shows the applicant’s education level changed after his separation; therefore, he is to entitled to correction of his records to a higher education level.

2.  Evidence shows he is entitled to award of the Air Medal for Heroism, the Good Conduct Medal for the period 24 March 1970 to 17 January 1972, two Overseas Service Bars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 that the individual is entitled to award of the Air Medal for Heroism, the Good Conduct Medal for the period 24 March 1970 to 17 January 1972, two Overseas Service Bars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

RVO____  GDP____  JHK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON