PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 June 2002
	DOCKET NUMBER:   AR2002066812

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 Army Good Conduct Medal (AGCM) and any other awards that he is entitled to receive.  

3.  The applicant states, in effect, that he was never awarded the AGCM, the Republic of Vietnam Campaign Medal (RVNCM) with appropriate service stars or the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.  

4.  The applicant’s military records show that he enlisted in Brooklyn, New York on 2 June 1965, for a period of 3 years.   He successfully completed his training and was transferred to Vietnam on 23 November 1965.  He was assigned to Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division as an infantry direct fire crewman.  He was advanced to the pay grade of E-4 on 20 September 1966.

5.  He departed Vietnam on 11 November 1966 and was transferred to Fort Bragg, North Carolina.  He was promoted to the rank of sergeant on 22 June 1967 and on 3 October 1967, while assigned to the 3rd Battalion, 503rd Infantry Battalion, 173rd Airborne Brigade, he was transferred back to Vietnam with his unit.

6.  He remained in Vietnam until 20 May 1968, when he was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) as an early overseas returnee, due to the expiration of his term of service.  He had served 2 years, 11 months and 19 days of total active service and was awarded the National Defense Service Medal, the Parachutist Badge, the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal (BSM) first oak leaf cluster with “V” device, the Air Medal and the Vietnam Service Medal.  He participated in five campaigns while assigned to Vietnam.  His records also show that he had excellent conduct and efficiency ratings and there is no indication of disciplinary actions being taken against him.  

7.  Army Regulation 672-5-1, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning award of the 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.  Disqualification for award of the AGCM requires specific action by the commander in writing, to disqualify a member and it must be referred to the individual for comment.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation and the Presidential Unit Citation (PUC) for service in Vietnam during the period the applicant was assigned.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal (RVNCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographic limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the RVNCM.

10.  That regulation also provides that a bronze service star is authorized to be worn on the Vietnam Service Medal (VSM) for each campaign in which credit is awarded.  A silver service star is authorized for participation in five campaigns and is worn in lieu of bronze service stars.  

CONCLUSIONS:

1.  Although awarded subsequent to the applicant’s REFRAD, the applicant was entitled to be awarded the PUC, the RVNGC w/Palm and RVNCAHM-FC Unit Citations.  Additionally, he should have been awarded the RVNCM and a silver service star for wear on his already awarded VSM, to denote his participation in five campaigns. Accordingly, it should be done so at this time.

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 2 June 1965 through 20 May 1968.  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 was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

4.  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 individual concerned the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the PUC, the RVNCM with ‘60 Device, one silver service star for wear on his already awarded VSM and the AGCM for the period of 2 June 1965 through 20 May 1968.

BOARD VOTE:  

__kak___  ___alr ___  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Karol A. Kennedy____
		        CHAIRPERSON

INDEX

CASE ID	AR2002066812	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056/AGCM	
2.  134	107.0088/RVNCM	
3.  140	107.0094/RVNGC	
4.  141	107.0095/RVNCAHM	
5.  77	107.0031/PUC	
6.