PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             22 October 1998    
	DOCKET NUMBER:     AC98-10072

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Fred K. McCoy		Member	
	Ms. Shirley L. Powell 		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 military records to show award of the Army Commendation Medal.

3.  The applicant states, in effect, he was recommended for the Army Commendation Medal but never received the award.  He contends it was an oversight and submits a copy of the recommendation in support of his application.

4.  The applicant’s military records show he was inducted and entered active duty on 24 August 1966.  He served in Vietnam as a clerk typist and door gunner from 26 March 1967 through 20 March 1968.  He was separated in the grade of E-3 with an honorable discharge on 31 May 1968.  

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Army Commendation Medal as an authorized award.  The Board notes the DD Form 214 shows one award of the Air Medal.  

6.  Headquarters, 1st Aviation Brigade General Orders Number 2210, dated 
15 April 1968, shows award of the Army Commendation Medal for meritorious service from March 1967 through March 1968.

7.  Headquarters, 1st Aviation Brigade General Orders Number 2541, dated
29 April 1968, shows the applicant was awarded 11 additional awards of the Air Medal for the period of 3 November 1967 to 13 March 1968.   

8.  There is no evidence in the applicant’s personnel record that he was considered for the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.  

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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his military records to show this award.

2.  The applicant’s DD Form 214 shows one award of the Air Medal.  Evidence of record shows he is entitled to 11 additional awards of the Air Medal.  Therefore, he is entitled to correction of his military records to show a total of 12 awards of the Air Medal. 

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period of 24 August 1966 through 31 May 1968 based on completion of a period of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his military records to show this award.  

4.  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 Army Commendation Medal, 12 awards of the Air Medal and the first award of the Good Conduct Medal for the period of 24 August 1966 through 31 May 1968.
 
BOARD VOTE:  

JH_____  FKM_____  SLP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON