PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               25 November 1998
	DOCKET NUMBER:      AC98-11986

	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. James E. Vick		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Raymond V. O’Connor, Jr.		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 two awards of the Purple Heart and one award of the Army Commendation Medal. 

3.  The applicant states that perhaps the omission of these awards was an oversight.  In support of his application, he provides orders and award certificates for these awards.

4.  The applicant’s military records show he was inducted on 4 June 1969 and completed training as armored reconnaissance specialist.  He served in Vietnam from 7 November 1969 through 24 October 1970 and was honorably discharged on 3 June 1971.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows only one award of the Purple Heart and does not show an award of the Army Commendation Medal.  The Board notes the applicant was eligible for the first award of the Good Conduct Medal and was awarded the Vietnam Cross of Gallantry with Palm Unit Citation which are not shown on his DD Form 214.

6.  The applicant received the first award of the Purple Heart based on America Division General Orders Number 11449, dated 28 August 1970, for wounds sustained on 27 May 1970.  He received the second award of the Purple Heart based on 91st Evacuation Hospital General Orders Number 204, dated 13 September 1970, for wounds sustained on 12 September 1970.

7.  The applicant was awarded the Army Commendation Medal for meritorious service during the period November 1969 to November 1970 by Americal Division General Orders Number 13111, dated 30 September 1970.

8.  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’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

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

10. 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 received two awards of the Purple Heart; one award of the Army Commendation Medal and award of the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 4 June 1969 through 3 June 1971 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.

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 the individual concerned is entitled to two awards of the Purple Heart, one award of the Army Commendation Medal, the first award of the Good Conduct Medal and the Vietnam Cross of Gallantry with Palm Unit Citation.

BOARD VOTE:  

JEV_____  JNS____  RVO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11986/AR1998012286	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981125	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.