PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:              16 May 2000
	DOCKET NUMBER:      AR2000035283

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 award of the Air Medal, the Army Commendation Medal, and the Combat Medical Badge.

3.  The applicant states that awards were not received or submitted due to the stand down of forces in Vietnam during his tour of duty there.

4.  The applicant’s military records show that he was inducted on 11 January 1971.  He completed training as a clerk and served in Vietnam from 22 August 1971 to 19 April 1972.  The applicant was honorably discharged on 20 April 1972.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Air Medal, the Army Commendation Medal, or the Combat Medical Badge as authorized awards.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Air Medal, the Army Commendation Medal, or the Combat Medical Badge.  His DA Form 20 (Enlisted Qualification Record) does not show any entries in item 41 (Awards and Decorations) for award of the Air Medal, the Army Commendation Medal, or the Combat Medical Badge.  

7.  There is no evidence that the applicant was recommended for award of the Air Medal or the Army Commendation Medal. The applicant did not provide a recommendation for award, a copy of orders or an award certificate to support his claim for award of the Air Medal or the Army Commendation Medal.

8.  There is no evidence that the applicant was awarded or served in the military occupational specialty (MOS) of a medical aidman during his assignment in Vietnam.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in MOS 71B (clerk-typist) or 71G (medical records specialist) throughout his assignment in Vietnam.

9.  The Board noted that the applicant’s DD Form 214 did not show award of the Good Conduct Medal or any unit awards.

10.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 54, dated 1974.
12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 32, dated 1973.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

16.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or received the Air Medal or the Army Commendation Medal.  Therefore, he is not entitled to correction of his records to show award of the Air Medal or the Army Commendation Medal.

2.  There is no evidence that the applicant was awarded or held a medical MOS. There also is no evidence that he served as a medical aidman in a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Therefore, the applicant is not entitled to award of the Combat Medical Badge.  

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 11 January 1971 through 20 April 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

5.  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 the individual concerned was awarded the first award of the Good Conduct Medal for the period 11 January 1971 through 20 April 1972, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035283	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720420	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	EARLY RELEASE TO JOIN USAR UNIT	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.