PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            8 July 1999       
	DOCKET NUMBER:   AR1999023463

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Mr. Roger W. Able		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 military records be corrected to reflect award of the Combat Infantryman’s Badge, an Air Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  He submits no evidence to support his request.

3.  Records available to the Board indicate he entered active duty on 16 June 1969 and served in Vietnam as an infantryman with Company A, 2nd Battalion, 502nd Infantry between July 1970 and May 1971.  He was released from active duty on 3 May 1971 in pay grade E-5.  Although his separation document does not reflect award of the Combat Infantryman’s Badge his records do contain a copy of orders confirming the award.  The 101st Airborne Division, in Vietnam on 
1 April 1971, published the orders.

4.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (2nd Battalion 502nd Infantry) was also awarded a Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm during his tenure with the organization.

5.  Army Regulation 600-8-22 (Awards and Decorations) notes the applicant is entitled to the Republic of Vietnam Campaign Medal and the Vietnam Service Medal with two bronze service stars as a result of his service in Vietnam.

6.  Army Regulation 600-8-22 also 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.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

7.  Additionally, Army Regulation 600-8-22, states, in pertinent part, that the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty 

five Category I missions (air assault and equally dangerous missions) was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.

CONCLUSIONS:

1.  The evidence clearly confirms the applicant is entitled to the Combat Infantryman’s Badge, the Republic of Vietnam Campaign Medal and the Vietnam Service Medal with two bronze service stars.

2.  The evidence also shows the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm and a Valorous Unit Award which were awarded to his unit while he was a member and as such he is entitled to permanent wear of those decorations.

3.  The applicant completed a qualifying period of service for award of the Good Conduct Medal on 3 May 1971 when he was released from active duty with an honorable characterization of his service.  There is no evidence in available records, which would serve as a basis to deny the applicant the award of the Good Conduct Medal for the period 16 June 1969 through 3 May 1971.

4.  There is, however, no evidence, and the applicant has not provided any, which confirms he was ever recommended for, or awarded an Air Medal.

5.  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:

a.  by showing that the individual concerned was awarded the Combat Infantryman’s Badge;

b.  by showing that he is entitled to the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm, and a Valorous Unit Award; and

c.  by awarding him the Good Conduct Medal for the period 16 June 1969 through 3 May 1971.

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

BOARD VOTE:  

___jh___  __rvo___  __rwa___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023463	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990708	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.