PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 January 2001
	DOCKET NUMBER:   AR2000046246

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Thomas E. O’Shaughnessy, 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 that his military records be corrected to show award of the Good Conduct Medal (GCM) for the period from 23 December 1968 through 3 November 1971.

3.  The applicant states that he was in good standing at the time of his separation with no record of adverse personal actions such as courts-martial, nonjudicial punishments or suspensions.  He further states that he was not aware of his qualification for award of the GCM at the time.

4.  The applicant’s military records show that he enlisted in the Army on            23 December 1968 for 3 years.  He successfully completed his initial training and was assigned for duty as a military policeman (95B).  He served in the Republic of Vietnam (RVN) from 26 May 1969 to 6 April 1970 as a military policeman with Company B, 720th Military Police Battalion.  He attained the rank of sergeant     E-5.

5.  The applicant’s last active duty assignment was with the 412th Military Police Company, Fort Dix, New Jersey.  On 3 November 1971 he was honorably separated from active duty and transferred to the United States Army Reserve Control Group.

6.  Item 38 (Record of Assignments) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he received excellent conduct and efficiency ratings in all of his assignments.

7.  The applicant’s separation document (DD Form 214), effective 3 November 1971, shows that he was awarded the National Defense Service Medal, the Army Commendation Medal, the RVN Service Medal, and the RVN Campaign Medal.  That form also shows his rank in block 5a as specialist five.  

8.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation Badge for service in the RVN to Headquarters, United States Army Vietnam and its subordinate units during the period from 20 July 1965 to 28 March 1973.

9.  Army Regulation 67-5-1 provides, in pertinent part, that the GCM 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 GCM, disqualification must be justified.  Current practice requires the commander to provide written notice of unfavorable consideration and permit the individual to respond.

CONCLUSIONS:

1.  The applicant’s military service was of such excellence and duration that he qualified for award of the GCM.  The Board presumes that his not receiving a GCM for his service was an oversight.

2.  The applicant served in a unit in the RVN, subordinate to the Headquarters, United States Army, Vietnam and is, therefore, entitled to award of the RVN Gallantry Cross with Palm Unit Citation Badge.

3.  The applicant attained and retained the rank of sergeant and is entitled to have his DD Form 214 reflect this rank at the time of his separation.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the RVN Gallantry Cross with Palm Unit Citation Badge and the GCM for his period of service from 23 December 1968 to 3 November 1971.

2.  That the DD Form 214, of the individual concerned, be corrected to show his rank in block 5a as sergeant.

BOARD VOTE:  

__AAO__  ___BFH_  __TEO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian       
		        CHAIRPERSON

INDEX

CASE ID	AR2000046246	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/30	
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.