PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           09 MAY 2002                   
	DOCKET NUMBER:   AR2002068179

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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 reflect award of the Bronze Star Medal and the Army Good Conduct Medal.  In support of his request he submits a copy of a DA Form 1577 (Authorization for Issuance of Awards), which indicates he was authorized issuance of the Bronze Star Medal and Good Conduct Medal in May 1999 by officials at the National Personnel Records Center in St. Louis.

3.  Records available to the Board indicate the applicant entered active duty on 
20 August 1969.  While undergoing training he was awarded a Sharpshooter Qualification Badge with Rifle bar and a Marksmanship Qualification Badge with Automatic Rifle bar.  Orders contained in his file confirmed both badges.  However, neither badge was recorded on the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  Following completion of training, the applicant was assigned to Vietnam.  Enroute to the Overseas Replacement Detachment in Oakland, California, for transportation to Vietnam, the applicant departed AWOL (absent without leave).  Upon his arrival in California, he was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for 17 days of AWOL and reduced from pay grade E-2 to pay grade E-1.

5.  The applicant arrived in Vietnam on 12 February 1970 and was assigned to the 1st Battalion of the 8th Cavalry.  In April 1970 he was punished under Article 15 of the UCMJ for sleeping while on guard duty.  He was punished a third time under Article 15 of the UCMJ in October 1970 for being absent from his place of duty for approximately 4 hours.

6.  In December 1970 the applicant's request to extend his tour of duty in Vietnam by 55 days was approved.  His commander noted on the approval document that the applicant's conduct and efficiency while in Vietnam had been satisfactory.

7.  The applicant departed Vietnam in March 1970.  Prior to his departure from Vietnam he was awarded an Air Medal, the Combat Infantryman Badge, an Army Commendation Medal and a Bronze Star Medal.  All of the awards were confirmed in orders and, with the exception of the Bronze Star Medal, were all recorded on his separation document.  

8.  On 20 March 1971 the applicant was released from active duty in pay grade E-4 with an honorable characterization of service.  There is no evidence he was ever recommended for, or awarded the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded, on a selective basis to each soldier who distinguishes himself or herself from among his or her fellow soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military 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.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

10.  By virtue of the applicant's service in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Valorous Unit Award, and three bronze service stars on the Vietnam Service Medal, which is already recorded on his DD Form 214.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Bronze Star Medal which was omitted from his separation document.

2.  The evidence also confirms that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Valorous Unit Award, and three bronze service stars on his Vietnam Service Medal.  His records should be corrected accordingly.

3.  Although the applicant may have been authorized the issuance of an Army Good Conduct Medal by official at the National Personnel Records Center in St. Louis, there is no evidence which indicates the applicant was ever awarded that decoration.  The Board notes that the applicant had three records of misconduct during his military service, including an extended period of AWOL which resulted in his reduction in grade.  While the Board does note the applicant was awarded several individual decorations while in Vietnam, his commander still indicated, in December 1970, that his conduct and efficiency was only satisfactory.  As such the Board concludes that the applicant did not distinguish himself from among his or her fellow soldiers by exemplary conduct, efficiency, and fidelity throughout his military service and as such the Board cannot confirm award of the Army Good Conduct Medal.  The fact that he may have been authorized issuance of the award on a DA Form 1577 is not, in and of itself, evidence that the applicant is entitled to the award.

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:

a.  by showing that the individual concerned was awarded a Bronze Star Medal; and

b.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Valorous Unit Award, and three bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:  

__JHL___  __JNS __  __TLP __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068179	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020509	
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.