PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  12 January 2000
	DOCKET NUMBER:   AR1999024804

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 award of the Bronze Star Medal and the Army Commendation Medal.

3.  The applicant states that he was awarded the Army Commendation Medal when he left his unit in Vietnam and the Bronze Star Medal was mailed to him after his discharge.  He provides copies of certificates for both awards and the orders for the Army Commendation Medal in support of his application.

4.  The applicant’s military records show that he enlisted and entered active duty on 27 January 1969.  He was eventually assigned to Vietnam as an equipment reports clerk.

5.  The applicant served in Vietnam from November 1969 to September 1971.  Effective 5 September 1971 he was separated in grade E-5 and transferred to the USAR for early separation as an overseas returnee.  Neither of the requested awards are listed on his DD Form 214 or his DA Form 20 (qualification record).  The Good Conduct Medal is also not listed as an authorized award.  His DA Form 20 does show that he received all excellent conduct and efficiency ratings for his 2 years and 7 months service.

6.  The general order, citation, and certificate for the Army Commendation Medal show that it was awarded on 5 November 1970 for the period November 1969 through November 1970.

7.  The citation and certificate for the Bronze Star Medal are for the period January to September 1971 and was awarded effective 9 September 1971.  There are no award general orders in the available record or provided by the applicant.  The time period for the award matches his time of assignment to the command in Vietnam.

8.  Army Regulation 600-8-22 provides that formal recommendations and approval in the chain of command are required for all decorations.  All awards, except basic marksmanship badges, must be announced or published in general or permanent orders.  The regulation also provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.

9.  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.

CONCLUSIONS:

1.  Considering all the facts in this case, including the evidence of record and that provided by the applicant, he is entitled to the relief he now requests.
2.  The applicant provided evidence that he was awarded the Army Commendation Medal and it should be added to his DD Form 214.

3.  He has also provided sufficient credible evidence to the Board that he was awarded the Bronze Star Medal for meritorious service and it should be added to his DD Form 214 as an exception to policy.

4.  The applicant’s documented meritorious service and excellent conduct and efficiency ratings also qualify him for the first award of the Good Conduct Medal in accordance with regulations in effect at the time.  The Board believes that this was an administrative oversight and he should now be awarded the Good Conduct Medal for his period of active service and it should be added to his DD Form 214.

5.  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:

a.  correcting the records of the individual concerned by adding the Army Commendation Medal and Bronze Star Medal to his authorized awards on his DD Form 214; and

b.  awarding him the Good Conduct Medal for the period 27 January 1969 to 5 September 1971 and placing it on his DD Form 214.

BOARD VOTE:  

__JS___  __IW___  __LS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ John N. Slone ___
		        CHAIRPERSON

INDEX

CASE ID	AR1999024804	
SUFFIX		
RECON		
DATE BOARDED	20000112	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0020	
3.	107.0056	
4.		
5.		
6.