MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:             

	BOARD DATE:                  23 July 2002
	DOCKET NUMBER:          AR2002068373

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Gail J. Wire		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of his DD From 214, (Report of Separation From Active Duty) to show that he was awarded the Good Conduct Medal.

APPLICANT STATES:  In effect, that he believes that his service should be recognized by the Good Conduct Medal.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered the Regular Army on 21 January 1969.  He completed training in military occupational specialty 11B (Light Weapons Infantryman) and achieved the rank of sergeant, but was later reduced to the rank of specialist.  He was separated under Honorable Conditions on 6 February 1974 under the provisions of Army Regulation 635-200, Enlisted Personnel, chapter 10.  

A DD Form 214, signed by the applicant, reflects that he served in Vietnam from 15 June 1969 through 24 April 1970.  Item 21, Time Lost (Preceding Two Years) reflects 1,077 days.  Item 27, Remarks, contains the following entry to explain the total time lost: 387 days prior to expiration of term of service (ETS) and 690 days lost subsequent to normal ETS.

His awards include the Bronze Star Medal for Valor with 1st Oak Leaf Cluster, the Purple Heart, the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Vietnam Service Medal with two Bronze Service Stars, the Republic of Vietnam Campaign Medal with device 1960, the Combat Infantryman Badge, the Expert Badge with rifle bar, and the Marksman Badge with machine gun bar.

There are no service records or other evidence available to the Board, which show the applicant, was considered for or awarded the Good Conduct Medal.  There also is no evidence he was disqualified by his unit commander for award of the Good Conduct Medal.  His DA Form 20, Enlisted Qualification Record, shows that he was dropped from the roles as a deserter on 6 February 1971.

Army Regulation, 600-8-22, Military Awards, provides, in pertinent part, that the Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned, Company B, 2nd Battalion, 501st Infantry, 101st Airborne Division, was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Order 48, dated 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Evidence of record shows that the applicant had 1,077 days of lost time which at the time in question was most likely a disqualifying factor for award of the Good Conduct Medal. 

2.  Notwithstanding the applicant's honorable service in Vietnam and his combat awards his 1,077 days lost time indicate his service was not exemplary thus the Board believes that the applicant was properly denied award of the Good Conduct Medal.  In the absence of any evidence to the contrary, there are no grounds to award him the Good Conduct Medal. 

3.  Nonetheless, in reviewing his case it was noted that he is entitled to the Republic of Vietnam Civil Actions Honor Medal-First Class and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  A request will be made to the Army Review Boards Agency Support Division to provide the applicant with a correction to his separation document to reflect these awards.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation document which shows he was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___hof___  ___gjw__  ___jlp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002068373	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020723	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  102		
2.  		
3.  		
4.		
5.		
6.