PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              18 August 1999                 
	DOCKET NUMBER:      AR1999016737

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward 		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 16 October 1979 be corrected to show award of the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 60 Device (correctly known as the Vietnam Campaign Medal with Device (1960) and the second award of the Good Conduct Medal.

3.  The applicant states, in effect, that he is entitled to these awards and they are not reflected on his final DD Form 214.  In support of his application, he submits three DD Forms 214, orders for the Good Conduct Medal (First Award) and DA Form 2496 (Disposition Form), dated 10 September 1979. 

4.  The applicant’s military records show that he was inducted on 28 October 1970.  He served as a light weapons infantryman in Vietnam from 29 June 1969 to 19 March 1972 and was honorably discharged on 21 March 1972.  He enlisted on 16 October 1973 and was honorably discharged on 14 October 1974.  He immediately reenlisted on 17 October 1974 and served as a senior pathfinder and radio teletype operator in Germany from 19 April 1975 to 18 April 1978.  He was honorably discharged in the rank of staff sergeant on 16 October 1979.

5.  The applicant’s DD Form 214 with an effective date of 16 October 1979 does not show the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal with Device (1960) or the second award of the Good Conduct Medal as authorized awards.  The DD Form 214 does show the Vietnam Service Medal, the Vietnam Campaign Medal and the first award of the Good Conduct Medal.

6.  The applicant participated in three campaigns during his assignment in Vietnam (Vietnam Counteroffensive, Phase VII: 1 July 1970 – 30 June 1971; Consolidation I: 1 July 1971 – 30 November 1971; and Consolidation II:
1 December 1971 – 29 March 1972).  

7.  The applicant’s DD Form 214 with an effective date of 21 March 1972 shows the Vietnam Campaign Medal with 60 Device.

8.  The applicant’s records show he was awarded the Good Conduct Medal (First Award) for the period 17 September 1973 to 16 September 1976.  The applicant provided DA Form 2496 (Disposition Form), dated 10 September 1979, which shows he was recommended for the second award of the Good Conduct Medal for the period 17 September 1976 to 16 September 1979.  However, there is no approval/disapproval by his chain of command.     

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

10.  Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

CONCLUSIONS:

1.  Although the applicant contends that he participated in two campaigns during his assignment in Vietnam, evidence of record shows he participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 16 October 1979 to show award of the Vietnam Service Medal with three bronze service stars.  

2.  The governing regulation correctly identifies the Vietnam Campaign Medal as “Vietnam Campaign Medal with Device (1960)”.  Therefore, the applicant is entitled to correction of his DD Form 214 with a separation date of 16 October 1979 to correctly show the “Vietnam Campaign Medal with Device (1960)”.    

3.  The applicant was awarded the first award of the Good Conduct Medal for the period of 17 September 1973 to 16 September 1976.  Evidence of record shows the applicant served an additional period of qualifying service (three years) for entitlement to the second award of the Good Conduct Medal.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 16 October 1979 to show the second award of the Good Conduct Medal for the period 
17 September 1976 to 16 September 1979.     

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: 

a.  by deleting the entries “Vietnam Service Medal”, “Vietnam Campaign Medal” and “Good Conduct Medal” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 16 October 1979 of the individual concerned; and

	b.  by adding the entries “Vietnam Service Medal with three bronze service stars”, “Vietnam Campaign Medal with Device (1960)” and “Good Conduct Medal (2d Award) in item 13 on the DD Form 214 with an effective date of 16 October 1979 of the individual concerned. 

BOARD VOTE:  

RVO____  EW______  SVW___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999016737	
SUFFIX		
RECON		
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19791016	
DISCHARGE AUTHORITY	AR 635-200, Chapter 2  	
DISCHARGE REASON	Completion of Required Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0073	
2.	107.0056	
3.		
4.		
5.		
6.