MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 November 2002                 
	DOCKET NUMBER:   AR2002069659

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Donald P. Hupman		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:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Army Good Conduct Medal, the Vietnam Service Medal (if he is eligible), and to correct his date of rank.

APPLICANT STATES:  In effect, that he was assigned to the 29th Signal Group of the 1st Signal Brigade in Thailand.  He contends that their mission was to supply radio support for operations in South East Asia.  In support of his application, the applicant submitted a copy of his DD Form 214, assignment orders to Thailand, promotion orders, and General Order for award of the Army Good Conduct Medal.  All of these documents are also contained in the applicant's service personnel records.

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

The applicant’s military records show that he enlisted in the Regular Army with parental consent on 6 July 1965 for 3 years.  On or about 30 September 1966, the applicant departed for assignment in Thailand.  He was assigned to the U. S. Army Strategic Communications Command, Signal Group, Long Line Battalion as a microwave radio repairman.  

He received a temporary promotion to pay grade E-5 based on Special Orders Number 103, dated 29 May 1967, from Headquarters, U. S. Army Strategic Communications Command, Long Line Battalion. 

On or about 29 September 1967, the applicant departed Thailand for assignment in the United States.  

Headquarters, 11th Signal Group General Orders Number 30, dated 26 June 1968, awarded the applicant the Army Good Conduct Medal for the period 
6 July 1965 to 5 July 1968. 

On 5 July 1968, the applicant was released from active duty and transferred to the U. S. Army Reserve.   

Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Army Good Conduct Medal or the Vietnam Service Medal as authorized awards. 

The applicant's DD Form 214 item 6 (Date of Rank) shows his effective date of rank as 29 May 1968.  

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.  

Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 
28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations in Vietnam.

Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed, in pertinent part, promotion to temporary and permanent grades.  Paragraph 7-22 of this regulation stated that permanent promotions for pay grade E-4 and above will be made automatically in accordance with paragraph 7-21.

Paragraph 7-21 of Army Regulation stated that the temporary grade of Regular Army enlisted personnel will automatically become permanent upon meeting established time in grade and time in service requirements.  Paragraph 7-21b further stated that Regular Army enlisted personnel in grade E-5 and E-4 with a temporary date of rank on or before 31 July 1968 will automatically become permanent in 12 months from the date of that promotion.

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.  The applicant was awarded the Army Good Conduct Medal for the period 
6 July 1965 to 5 July 1968.  Therefore, he is entitled to correction of his records DD Form 214 to show this award.  This correction will be made administratively by the Army Review Boards Support Agency, St. Louis, Missouri.

2.  There is no evidence of record that shows the 29th Signal Group, 1st Signal Brigade, U. S. Army Strategic Communications Command, participated in or directly supported military operations in Vietnam.  Therefore, without evidence that the criteria for award of the Vietnam Service Medal were met, there is no basis to award the Vietnam Service Medal in this case.

3.  The evidence of record shows that the applicant received a temporary 
promotion to E-5 based on Special Orders Number 103, effective 29 May 1967.  Army Regulation 600-200, paragraph 7-21 established the effective date of rank to E-5 will automatically become permanent in 12 months from the temporary appointment.  Therefore, item 6 (Date of Rank ) of the applicant's DD Form 
214 which shows his permanent date of rank is 29 May 1968 is correct as currently constituted and there is no basis to change this entry.

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 Board requests that the Army Review Boards Support Agency, St. Louis, Missouri, administratively correct the applicant's DD Form 214 to show award of the Army Good Conduct Medal. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___RVO_  __TBR___  ___DPH_  DENY APPLICATION

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

INDEX

CASE ID	AR2002069659	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	107.0073	
3.		
4.		
5.		
6.