PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  4 June 2002
	DOCKET NUMBER:  AR2002067262

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Regan K. Smith 		Member	
	Mr. Arthur A. Omartian		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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show that he was awarded the Bronze Star Medal while serving in Vietnam in 1970.

3.  The applicant states, in effect, that his DD Form 214 does not show his award of the Bronze Star Medal.  In support of his application, he submits a copy of his DD Form 214 and a copy of orders awarding him the Bronze Star Medal.

4.  The applicant’s military records show he was inducted on 20 May 1969, as a wireman.  He served in Vietnam from 13 October 1969 to 17 November 1970, and was released from active duty on 22 November 1970.

5.  The applicant’s DD Form 214 shows he was awarded the National 
Defense Service Medal, the Vietnam Service Medal, the Vietnam 
Campaign Medal, the Army Commendation Medal, and the Sharpshooter Qualification Badge (M14).  His discharge document does not show the award of the Bronze Star Medal.

6.  The applicant’s records contain a copy of Headquarters, 1st Infantry Division, 5th Infantry Division (Mech) General Orders Number 1973, dated 1 November 1970, which shows that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force while serving in the Republic of Vietnam from October 1969 to December 1970.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

8.  Army Regulation 600-8-22 (Military Awards) 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.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  There is no evidence of derogatory information in the applicant’s records.

10.  Review of the available records does not reveal that he was recommended for or entitled to any other awards or decorations.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Bronze Star Medal while serving in Vietnam.  Therefore, he is entitled to correction of
his records to show this award.

2.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 20 May 1969 to 22 November 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

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 for the individual concerned be corrected by showing that he was awarded the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the first award of the Good Conduct Medal for the period 20 May 1969 to 22 November 1970.

BOARD VOTE:  

__jp___  ___rs__  __ao______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Jennifer L. Prater__
		        CHAIRPERSON

INDEX

CASE ID	AR2002067262	
SUFFIX		
RECON		
DATE BOARDED	20020604	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19701122	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46		
2.		
3.		
4.		
5.		
6.