PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           24 JANUARY 2002
	DOCKET NUMBER:   AR2001058564

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		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 that his DD From 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Good Conduct Medal and the Army Commendation Medal.  In support of his request the applicant submits a copy of his DD Form 214, his Army Commendation Medal Certificate, two certificates of appreciation and a copy of his discharge from the U.S. Army Reserves.  

3.  The applicant states that he received the Good Conduct Medal, but has never received the certificate, and that he has received the Army Commendation Medal and the certificate.  However, neither of these awards have been added to his DD Form 214. 

4.  The applicant’s military records show that he was inducted into the Army of the United States on 13 May 1970 for a period of 2 years.  He successfully completed basic training at Fort Bragg, North Carolina and advanced individual training at Fort Gordon, Georgia.  He served in Vietnam from November 1970 to November 1971.

5.  The applicant's certificate for award of the Army Commendation Medal covers the period 28 November 1970 to 15 November 1971, the dates of his Vietnam service.  There are, however, no orders confirming the award in the applicant’s file.  The award certificate was issued on 25 November 1971, after the applicant’s separation from active duty, and is authenticated by Secretary of the Army Robert Froehike, who was Secretary of the Army during the period in question.

6.  The applicant was separated on 19 November 1971, under the provisions of Army Regulation 635-200, Chapter 5, overseas returnee.  There is no evidence of any misconduct.  His DD Form 214 indicates he had 1 year, 6 months and 7 days of creditable service.

7.  Army Regulation 672-5-1, in effect at the time, stated that the Good Conduct Medal was awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period was 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, nor any evidence which would serve as a basis to disqualify him from the award.

8.  Army Regulation 672-5-1 also provided that the Army Commendation Medal was 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders was required.

CONCLUSIONS:

1.  The Board notes that there are no orders in the applicant's available records awarding him the Army Commendation Medal, however, his award certificate is signed by the appropriate Secretary of the Army, and the period of service covered by the award coincides with the applicant's dates of service in Vietnam.  The fact that the certificate was issued after the applicant’s separation from active duty could explain the absence of the award on his separation document.  In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Army Commendation Medal and in the interest of justice concludes it would be appropriate to add the award to his separation document.

2.  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, or that he had any misconduct which would serve as a basis to deny the award.  As such, in the interest of justice and equity, the applicant should be awarded the Good Conduct Medal for the period 13 May 1970 to 19 November 1971.

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 applicant the Good Conduct Medal for the period 13 May 1970 to 19 November 1971, and to show he was awarded the Army Commendation Medal, for the period 28 November 1970 to 15 November 1971.

BOARD VOTE:  

__GDP__  __WTM__  __RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George D. Paxson __
		        CHAIRPERSON

INDEX

CASE ID	AR2001058564	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020124	
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.