PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            17 May 2000       
	DOCKET NUMBER:   AR2000036509

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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 Army Good Conduct Medal and Republic of Vietnam Gallantry Cross Unit Citation with palm.  He notes, in effect, that neither is recorded on his separation document.

3.  Records available to the Board indicate the applicant entered active duty on 
13 June 1969 and served in Vietnam between November 1969 and August 1970. He was punished on two separate occasions under Article 15 of the UCMJ for minor disciplinary infractions but consistently received excellent conduct and efficiency ratings.  On 4 December 1970 he was honorably discharged in the grade of E-3 as a result of a hardship discharge.

4.  In March 1995 officials at the Army Reserve Personnel Center in St. Louis issued the applicant an Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross Unit Citation with palm.  Neither award, however, was ever entered on his DD Form 214.

5.  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.  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.

6.  The Republic of Vietnam Gallantry Cross Unit Citation with palm was awarded to all members of the United States Military Assistance Command and its subordinate units during the period 8 February 1962 through 28 March 1973 and to all members of Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

CONCLUSIONS:

1.  In spite of the applicant's two minor disciplinary infractions, there is no evidence he was ever disqualified from award of the Good Conduct Medal.  His conduct and efficiency ratings were consistently excellent and he completed a qualifying period of service for award of the Army Good Conduct Medal on
4 December 1970 when he was honorably discharged.  Officials at the Army Reserve Personnel Center authorized issuance of the award in 1995.  The Board contends that in view of his excellent conduct and efficiency ratings, and in the interest of justice, it would be appropriate to validate the award by having it entered on his separation document and issuing appropriate award orders.

2.  The evidence also confirms the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with palm based on his service in Vietnam.

3.  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 awarding the individual concerned an Army Good Conduct Medal for the period 13 June 1969 through 4 December 1970 and the Republic of Vietnam Gallantry Cross Unit Citation with palm.

BOARD VOTE:  

___cmf__  ___fe___  ___rjw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036509	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000517	
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.