PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:             2 March 2000  
	DOCKET NUMBER:    AR1999028258

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman 		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 he be awarded the Army Good Conduct Medal (AGCM).

3.  The applicant states, in effect, that his service was honorable and included combat service in Vietnam.  He claims that his not being awarded the AGCM was the result of an oversight on the part of his commander and was not the result of any derogatory information or misconduct on his part.  He indicates that he was proud to serve his country and is proud to be a Vietnam Veteran, and would like to receive the AGCM to which he feels entitled.

4.  The applicant’s military records show that he enlisted in the Regular Army on 21 February 1966 for 3 years.  He successfully completed basic training and advanced individual training (AIT) at Fort Campbell, Kentucky.  Upon completion of AIT he was awarded military occupational specialty 76Y (Supply Specialist) and was assigned to Germany for his first permanent duty station.

5.  The applicant served in Germany for 15 months and received excellent conduct and efficiency ratings.  He was reassigned to combat duty in Vietnam and arrived there for duty, with the 14th Transportation Battalion, on 2 January 1968.  On 1 February 1968, he was reassigned in-country to the 335th Transportation Company.  He also earned excellent conduct and efficiency ratings for his service in Vietnam, and there is no evidence of disciplinary problems or derogatory information contained in his service record.  On 
30 December 1968, he completed his tour in Vietnam and was returned to Fort Lewis, Washington for separation.

6.  On 1 January 1969, the applicant was discharged, in the rank of sergeant/E-5, after completing 2 years, 10 months, and 13 days of active military service.  The record contains a DD Form 214 (Armed Forces of the United States Report of Separation or Discharge), which shows that he was separated, under the provisions of Army Regulation 635-200, by reason of being an overseas returnee, and that his service was characterized as honorable.  

7.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) of the DD Form 214 issued the applicant shows that he earned the National Defense Service Medal, the M-14 Rifle Sharpshooter Badge, the Vietnam Service Medal, and the Vietnam Campaign Medal during his tenure on active duty.  No other awards or decorations are listed in either his official military personnel file (OMPF) or the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  The AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

9.  Paragraph 4-4 of the regulation provides the basis for award of the AGCM and states, in pertinent part, that the immediate unit commander's decision to award the AGCM will be based on his or her personal knowledge and of the individual's official records for periods of service under previous commanders during the period for which the award is to be made.  It also states, in pertinent part, that the lack of official disqualifying comment by previous commanders qualifies the use of such period toward the award by current commander.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

11.  Paragraph 1-6 of the pamphlet indicates that Department of the Army General Order (DAGO) 8, published in 1974, authorized the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) for service in Vietnam during the period 20 July 1965 to 28 March 1973. 

12.  Table 1 (Army Units in Numerical Order) of the pamphlet also shows that the applicant’s unit, the 335th Transportation Company, earned the Meritorious Unit Commendation (MUC) for service in Vietnam between 1 November 1967 and 
31 October 1968.  This award was authorized in DAGO 39, which was published in 1970.

CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his honorable service from 21 February 1966 to 1 January 1969.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

2.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

3.  The Board also determined that the applicant is entitled to the RVNGC w/palm and the MUC for his Vietnam service, with the 335th Transportation Company, between January and December 1968.  Although these awards were authorized in DAGO’s published subsequent to the applicant’s separation from active duty, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include these awards at this time.

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 by showing that the individual concerned was awarded the AGCM for the period 21 February 1966 to 1 January 1969; the RVNGC w/palm for his Vietnam service between January and December 1968; and the MUC for his service with the 335th Transportation Company between 1 February and 30 December 1968.

BOARD VOTE:  

__kan___  __sk____  ___esc__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Edwin S. Castle______
		        CHAIRPERSON

INDEX

CASE ID	AR1999028258	
SUFFIX		
RECON		
DATE BOARDED	2000/03/02	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1969/01/03	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 102	107.0056	
2.		
3.		
4.		
5.		
6.