PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            13 AUGUST 2002                  
	DOCKET NUMBER:   AR2002068487

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 all of the "medals" he received during his Vietnam service.  He states that his separation document does not reflect all of his awards, and specifically notes the absence of the Good Conduct Medal, Republic of Vietnam Campaign Ribbon, and Vietnam Gallantry Cross.

3.  Records available to the Board indicate he entered active duty on 1 April 1969.  He successfully completed training and was assigned to Fort Carson, Colorado.  While assigned to Fort Carson, the applicant was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for failing to report for bay guard duty at 0400 hours on 1 May 1970.  His sole punishment was a forfeiture of $30.00 for one month.  Notwithstanding the applicant's UCMJ action, he received excellent conduct and efficiency rating upon his departure from Fort Carson.

4.  In August 1970 the applicant was reassigned to Vietnam.  He was initially assigned to the 2nd Squadron of the 1st Cavalry and in September 1970 was transferred to the 5th Battalion, 22nd Artillery.  He performed duties as a track vehicle mechanic with both units.  In November 1970 the applicant was reassigned to the 528th Quartermaster Company where he performed duties as a wheeled vehicle mechanic.  While in Vietnam the applicant participated in two designated campaign periods (Vietnam Counteroffensive Phase VII and Consolidation I).

5.  The applicant returned to the United States in November 1971 and was released from active duty on 7 November 1971 with an honorable characterization of service in pay grade E-5.  The applicant's conduct and efficiency ratings throughout his military service were excellent.

6.  The applicant's separation document reflects entitlement to the National Defense Service Medal, Vietnam Service Medal and a Marksmanship Qualification Badge.

7.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  While any record of nonjudicial punishment could be in conflict with recognizing the soldier's service as exemplary, such record should not be viewed as automatically disqualifying.  The nature of the infraction, the circumstances under which it occurred and when may be considered.

8.  By virtue of the applicant's service in Vietnam he is entitled to two bronze service stars on his Vietnam Service Medal, denoting participation in two designated campaign period, the Republic of Vietnam Campaign Medal with Device (1960), and three awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm (based on his assignment with the 2nd Squadron, 1st Cavalry 7008-7009, 5th Battalion, 22nd Artillery 7009-7011, and 528th Quartermaster Company 7011-7111).

CONCLUSIONS:

1.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 7 November 1971.  Although he did receive one UCMJ action during this period, the Board contends that the infraction was minor and therefore should not serve as a basis to disqualify him from the award.  The Board notes that all of his conduct and efficiency ratings were excellent.  As such the Board concludes that it would be appropriate, and in the interest of justice, to award the applicant the Army Good Conduct Medal for the period 1 April 1969 through 7 November 1971.

2.  The Board also notes that by virtue of his service in Vietnam the applicant is entitled to two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and three awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  His records should be corrected accordingly.

3.  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:

a.  by awarding the individual concerned the Army Good Conduct Medal for the period 1 April 1969 through 7 November 1971; and

b.  by showing that he is entitled to two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and three awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:  

___FNE _  __TSK __  __LEM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2002068487	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020813	
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.