PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           14 March 2002                   
	DOCKET NUMBER:   AR2001062790

	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. Edmund P. Mercanti		                       Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Roger W. Able		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 he be awarded the Good Conduct Medal (GCM), and that his Army Commendation Medal (ARCOM) be upgraded.  He also requests any other awards or decorations that he may be entitled to receive.

3.  The applicant states he should have been awarded the GCM.  As for his ARCOM, he requests that the Board review his ARCOM award recommendation.

4.  The applicant’s military records show that he was inducted on active duty on 29 January 1970, was awarded the military occupational specialty of clerk typist, and was promoted to pay grade E-5.  He served in Vietnam from 5 August 1970 to 3 September 1971.  While in Vietnam he was initially assigned to Company A, 4th Supply and Transportation Battalion, and was transferred to 527th Adjutant General Company on 12 December 1970.  Sometime later (no orders or other documents provide an exact date) the applicant was transferred to Headquarters and Headquarters Detachment, QNSA Command, the command from which he belonged to when he received orders reassigning him back to the United States.

5.  He was honorably released from active duty on 4 September 1971 by reason of having insufficient time to reassign him to another unit after he returned from his tour in Vietnam.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, shows that the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, and the ARCOM for meritorious service.  There is no award recommendation for the ARCOM contained in the applicant’s records.

6.  Army Regulation 600-8-22 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.  A record of punishment is not automatically disqualifying.  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.  

- the ARCOM 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

- the Republic of Vietnam Campaign Medal with 1960 Device, a foreign award, was awarded to individuals who served in Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive.

7.  Department of the Army Pamphlet 672-3 records which units were given unit awards during the Vietnam war.  None of the units to which the applicant was assigned were awarded any unit awards, except that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam (RVN) Gallantry Cross unit citation with palm. 

CONCLUSIONS:

1.  The applicant’s records do not contain any evidence or indication of anything but honorable, selfless service to his country.  His promotion to pay grade E-5 in less than 2 years is prima-facie evidence of his exemplary conduct.  As such, the Board must conclude that the GCM was inadvertently omitted from the awards the applicant received.

2.  Likewise, the applicant is entitled to the Vietnam Campaign Medal with 1960 Device, and the Republic of Vietnam (RVN) Gallantry Cross unit citation with palm, for his service in Vietnam.

3.  The applicant was awarded the ARCOM for meritorious service while he was in Vietnam.  He has not submitted any evidence or rationale which would indicate that he should have been awarded a higher decoration.

4.  The applicant did not serve in any units which earned any unit citations, and there is no evidence that he should have been awarded any other awards or decorations then those previously mentioned.

5.  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:

a.  showing that the individual concerned was awarded the GCM for the period covering 29 January 1970 through 4 September 1971; 

b.  adding to his DD Form 214 the Vietnam Campaign Medal with 1960 Device; and

	c.  adding to his DD Form 214 the Republic of Vietnam (RVN) Gallantry Cross unit citation with palm.

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

BOARD VOTE:  

___wtm _  ___jhl ___  ___rwa__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Joann H. Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2001062790	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
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.