PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  15 March 2001
	DOCKET NUMBER:  AR2000047889

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Mr. Richard T. Dunbar		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 his records be corrected to show entitlement to award of the Good Conduct Medal (GCMDL), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Marksman Qualification Badge.

3.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 July 1969 does not have all of his awards listed.

4.  The applicant’s military records show that he enlisted for 2 years on 4 October 1967.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was advanced to pay grade E-3 effective 27 July 1968. 

5.  During the period 26 July 1968 to 25 July 1969, he was assigned to a unit in Vietnam.

6.  On 23 October 1968, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for playing a radio on a listening post.  His punishment was a forfeiture of $25.

7.  On 30 April 1969, he accepted NJP under Article 15, UCMJ for smoking marijuana on 16 April 1969.  His punishment included a forfeiture of pay for         2 months and a reduction to pay grade E-2.

8.  His DA Form 20 (Enlisted Qualification Record) indicates his conduct and efficiency as excellent, throughout his active service.  It also indicates he qualified for the marksman marksmanship badges for the rifle, automatic rifle and machine gun.

9.  On 30 July 1969, he was honorably separated in pay grade E-2 under Army Regulation 635-200, chapter 5, based on being an overseas returnee.  His separation documents indicates he had 1 year, 9 months and 27 days of creditable service.  He was entitled to award of the Bronze Star Medal with “V” device, the Air Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.

10.  On 16 July 1974 and 12 September 1983, the Reserve Components Personnel Administration Center (RCPAC) validated his awards and requested issuance by the Army Support Activity to the individual concerned.  In addition to those already shown on his DD Form 214, they validated for 4 bronze service stars to the Vietnam Service Medal, the Parachute Badge, the GCMDL              (4 October 1967 to 30 July 1969) and the Marksman Qualification Badge with the Rifle, Automatic Rifle and Machine Gun bars.

11.  Army Regulation 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.  

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  A marksmanship badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The marksmanship badges are in three classes: Expert, Sharpshooter, and Marksman.

13.  Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 February 1968 to 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970.

14.  DA Pam 672-3 also shows the unit, to which the applicant was assigned, was cited for award of the Vietnam Civil Actions Medal Unit Citation for the period 3 October 1968 to 2 May 1970 by DAGO Order Number 48, dated 1971.

CONCLUSIONS:

1.  Nothwithstanding the fact that the RCPAC authorized the issuance of the GCMDL to the applicant on two separate occasions, it was without substantiating documentation.  The applicant’s record shows he received all conduct and efficiency ratings of excellent and that he was honorably separated upon completion of his overseas tour.  In the absence of documentation by his commander that he was not qualified, his records should be corrected to show he was awarded the GCMDL for the period 4 October 1967 to 30 July 1969.

2.  The evidence of record clearly shows his entitlement to award of the Parachute Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Civil Actions Medal Unit Citation, the Marksman Qualification Badge with the Rifle, Automatic Rifle and Machine Gun Bars, and    4 bronze service stars to the Vietnam Service Medal.

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 showing the individual concerned was awarded of the GCMDL (4 October 1967 to 30 July 1969), the Parachute Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Civil Actions Medal Unit Citation, the Marksman Qualification Badge with the Rifle, Automatic Rifle and Machine Gun Bars, and 4 bronze service stars to the Vietnam Service Medal.

BOARD VOTE:  

__ew___  __to____  __rd___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		____Ernest M. Willcher____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047889	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010315	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	awards	
2.		
3.		
4.		
5.		
6.