PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            21 September 2000
	DOCKET NUMBER:   AR2000043083

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 an Army Commendation Medal (ARCOM) and that his records be corrected to reflect entitlement to any other awards he may have received while on active duty.  He states that he has a citation for an Army Commendation Medal but never received the award.  He notes that he worked "very hard during the time [he] was in [the] service but never got any recognition for what [he] helped achieve for the Army."  In support of his request he submits a copy of a "proposed citation for ARCOM." 

3.  Records available to the Board indicate the applicant enlisted and entered active duty on 30 September 1969 at the age of 18.  He successfully completed basic and advanced individual training and in March 1970 was assigned to Vietnam as a combat engineer with Company B, 35th Combat Engineer Battalion. He was promoted to the grade of E-4 in June 1970 and in August 1970 he was transferred to the 36th Combat Engineer Battalion as a senior heavy dump truck driver.

4.  The "proposed citation for ARCOM" provided by the applicant in support of his request recognized him for his meritorious achievement while assigned to the 35th Combat Engineer Battalion.  The citation noted his significant contributions "to the successful completion of missions assigned to Company B…."

5.  In February 1971 the applicant was reassigned from Vietnam to Germany where he remained for the duration of his enlistment.  In August 1971 the applicant was awarded a Sharpshooter Qualification Badge with "Grenade" bar.

6.  In April 1972 he returned to the United States and on 26 April 1972 he was honorably discharged in pay grade E-4.  His records do not reflect award of an Army Commendation Medal and his Sharpshooter Qualification Badge with "Grenade" bar was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

7.  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 by heroism, meritorious achievement or meritorious service.

8.  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.  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.  

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant is entitled to three bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm as a result of his service in Vietnam.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Sharpshooter Qualification Badge with Grenade bar which was omitted from his DD Form 214. 

2.  The evidence also confirms that the applicant completed a qualifying period for award of the Army Good Conduct Medal on 26 April 1972 when he was honorably discharged from active duty.  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 and there is no evidence that would serve as a basis to deny him the award.  As such it would be appropriate to award him the Army Good Conduct Medal for the period 30 September 1969 and 26 April 1972.

3.  The applicant is also entitled to three bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm as a result of his service in Vietnam.

4.  While the "proposed citation for ARCOM" supports a conclusion that the applicant was likely recommended for the award upon his reassignment from the 35th to the 36th Combat Engineer Battalion there is no evidence which indicated the final disposition of the award.  It is possible that because he had only been in Vietnam for approximately five months the award was either denied or intended to be utilized as part of an "end of tour" award.  The Board notes, however, that the applicant successfully completed a tour of duty in Vietnam, received excellent conduct and efficiency ratings and was promoted to pay grade E-4 while in Vietnam.  The Board concludes that as such, and in the interest of justice, it would be appropriate to recognize his contributions to the U.S Army's mission in Vietnam and award him an Army Commendation Medal for meritorious service during the period March 1970 through February 1971.

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:

a.  by showing that the individual concerned was awarded a Sharpshooter Qualification Badge with Grenade Bar;

b.  by awarding him an Army Good Conduct Medal for the period
30 September 1969 through 26 April 1972;
	
c.  by showing that he is entitled to three bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm as a result of his service in Vietnam; and 

d.  by awarding him an Army Commendation Medal for the meritorious service while in Vietnam during the period March 1970 through February 1971.

BOARD VOTE:  

___jhl__  ___clg__  ___ena__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043083	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000921	
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.