PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 July 2001
	DOCKET NUMBER:   AR2001055029

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Hubert O. Fry, Jr.		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 that his records be corrected to show that he served in the Vietnam theater of operations and that he be awarded the Vietnam Service Medal (VSM) as well as any other awards he is entitled to receive.

3.  The applicant states that he served in the Vietnam theater of operations and should have been awarded the VSM and campaign participation credit.

4.  The applicant’s military records show that he was inducted in Baltimore, Maryland on 12 December 1967.  He completed his basic training at Fort Bragg, North Carolina and was transferred to Fort Eustis, Virginia where he completed his advanced individual training (AIT) as a watercraft operator and mechanic.

5.  He was transferred to Thailand on 27 June 1968 and was assigned to the 638th Transportation Detachment (Tugboat) and the 9th Logistical Command for duty as a watercraft operator and mechanic.

6.  He remained in Thailand until he departed to the United States on emergency leave on 11 March 1969, due to the death of his brother.

7.  The applicant applied for and was granted a hardship discharge at Oakdale, Pennsylvania and was honorably released from active duty (REFRAD) on 16 May 1969.  He was separated on temporary records in the pay grade of E-4 and his records show that he served 1 year, 5 months and 6 days of total active service, of which 8 months and 17 days were spent in Thailand.  He was awarded the National Defense Service Medal.  His records contain no derogatory information and indicate that his conduct and efficiency ratings were excellent. 

8.  Information obtained from The Center for Military History shows that the 9th Logistical Command was activated on Okinawa on 10 May 1960.  At the request of the Royal Thai Government, the unit deployed to Thailand in May 1962, providing assistance in civil construction projects and later becoming the logistical support element for Joint Task Force 116 (the amphibious operations in Vietnam/Southeast Asia) to counter the growing conflict in the Southeast Asia area.  The unit was not awarded any unit awards/citations or campaign participation credits during the period in which the applicant was assigned.

9.  Army Regulation 672-5-1, in effect at the time, prescribed the criteria for award of the VSM.  It states. in pertinent part, that the VSM is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973.  Members of the Armed Forces of the United States serving in Thailand, Loas, or Cambodia, or the airspace thereover, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.

10.  Army Regulation 672-5-1 also prescribed Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1.  The applicant served in Thailand in a unit that provided direct support to the operations being conducted in Vietnam and should have been awarded the VSM for his service.

2.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 11 December 1967 to 16 May 1969.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

3.  The Board found that the applicant not receiving the AGCM and the VSM was likely the result of his records not being available at the time of his REFRAD. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM and the VSM at this time.

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 awarding the individual concerned the VSM and the AGCM for the period of 11 December 1967 to 16 May 1969, while serving in the pay grade of E-4.

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

BOARD VOTE:  

__ena___  ___rvo __  ___hof __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2001055029	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  119	107.0073/vsm	
2.  102	107.0056/agcm	
3.		
4.		
5.		
6.