PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 March 2000                  
	DOCKET NUMBER:   AR1999027435

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, 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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star, the Army Commendation Medal and any Vietnam awards to which he may be entitled.  He also requests that his DD Form 214 be corrected to show specialist five (E-5) instead of specialist four (E-4).   

3.  The applicant submitted two applications.  He states, in effect, that he is entitled to the Good Conduct Medal because he had no disciplinary actions while in the service.  He contends that he was awarded a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star and the Army Commendation Medal.  He also contends that he made E-5 prior to his discharge.  In support of his applications, he submits a copy of his DD Form 214; orders and citation for award of the Army Commendation Medal; a certificate, dated 20 January 1966, which shows the applicant was presented the Vietnamese Gallantry Cross with Bronze Star on 9 July 1965 by the Government of Vietnam; a 5 October 1965 letter from United States Military Assistance Command Vietnam; separation orders from Vietnam dated 
27 September 1965; orders for the Combat Infantryman Badge; and a DA Form 1577 (Authorization for Issuance of Awards) dated 23 November 1999.

4.  The applicant’s records were requested from the National Records Center in St. Louis, Missouri.  However, his Official Military Personnel File (OMPF) was not available to the Board.  Therefore, this review is based on the documents provided with the applicant’s applications.  The applicant’s DD Form 214 shows that he enlisted on 11 June 1963 for a period of 3 years.  He served as a radio teletype operator in Vietnam from November 1964 to October 1965 and was honorably discharged on 10 June 1966. 

5.  The applicant’s DD Form 214 does not show the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Bronze Star, the Army Commendation Medal or any Vietnam medals as authorized awards.  Item
3a (Grade, Rate or Rank) of his DD Form 214 shows “SP4(T) E-4”.

6.  There is no evidence in the available records which shows the applicant was considered for or awarded the Good Conduct Medal.  

7.  The applicant provided a copy of a Certificate from the 9th Infantry Division Advisory Detachment, dated 20 January 1966, which certifies that an official record check revealed that the applicant was awarded a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star for valor on 9 July 1965 at Tra Vinh, South Vietnam.  However, there is no copy of the original citation from the foreign government, a translation of the citation or a letter authorizing the recipient to receive and wear the decoration.

8.  United States Military Assistance Command Vietnam General Orders Number 2263, dated 27 October 1965, shows the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from November 1964 to October 1965. 

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  The applicant provided a copy of his separation orders from Vietnam, dated 27 September 1965, which shows his rank as “SP5”.  He also provided a letter (PCS from Vietnam), dated 5 October 1965, which shows his rank as “SP5”.  However, item 3a (Grade, Rate or Rank) on his DD Form 214 with an effective date of 10 June 1966, which was authenticated in his own hand, shows “SP4 (T) E-4”.  There are no orders in the available records which show the applicant was promoted to specialist five (E-5) prior to his discharge. 

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1.  Although the applicant contends that he is entitled to the first award of the Good Conduct Medal, there is no evidence available to the Board which shows he was awarded the Good Conduct Medal.  The Board notes that there are no records which show the applicant’s conduct and efficiency ratings or show whether or not he was subject to disciplinary action.  In the absence of award of the Good Conduct Medal and in the absence of records in this case, the Board is not predisposed to overturn the decision by the chain of command at the time in question not to award the Good Conduct Medal to the applicant.  Therefore, he is not entitled to correction of his military records to show award of the Good Conduct Medal.           

2.  The Board noted the certificate provided by the applicant which indicates he was awarded a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star.  However, in accordance with the governing regulation, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation (if necessary) and a letter authorizing the recipient to receive and wear the decoration.  There is no evidence of these documents available to the Board.  Therefore, the applicant is not entitled to correction of his military records to show a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star.      

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

4.  The applicant served in Vietnam from November 1964 to October 1965; therefore, he is entitled to award of the Vietnam Campaign Medal.

5.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his military records to show this award.

6.  The Board noted the applicant’s contention that he made specialist five (E-5) prior to his discharge.  However, there are no orders available to the Board which shows the applicant was promoted to specialist five (E-5) prior to his discharge.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact that his rate was specialist four on 10 June 1966.  Therefore, the applicant is not entitled to correction of item 3a (Grade, Rate or Rank) of his DD Form 214. 

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Army Commendation Medal, the Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

RVO___     EJA      __  EWL__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999027435	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19660610	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration of term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	107.0020	
3.	107.0088	
4.	107.0094	
5.	102.0200	
6.