PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 May 2002                   
	DOCKET NUMBER:   AR2002070311

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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 Report of Transfer of Discharge, DD Form 214, be corrected to show he separated on 25 January 1970.

3.  The applicant states that he separated on 25 January 1970, not 23 January 1970, and served 3 years and 8 days of active service, not 3 years and 6 days.  He provides no supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 18 January 1967.  He was discharged on 25 January 1967 (a DD Form 214 for this period is not available) for the purpose of enlisting in the Regular Army       on  26 January 1967 for 3 years, making his expiration term of service (ETS)       25 January 1970.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 76M (Ammunition Records Clerk).  

5.  On 11 September 1967, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.

6.  The applicant arrived in Vietnam and was assigned to the 188th Ordnance Company on 15 May 1968 and departed on 10 May 1969 after receiving credit for four campaigns.  His ETS, 25 January 1970, fell on a Sunday.  His DD Form 214 and his separation orders show he was released from active duty on Friday, 23 January 1970, after completing 2 years, 11 months, and 28 days of creditable active service.  He signed his DD Form 214.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, two overseas service bars, and the sharpshooter qualification badge rifle M-14.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his enlistment.

7.  Army Regulation 635-200 governs the separation of enlisted personnel.  In pertinent part, it states that a soldier will normally be discharged or released from active duty on the date he or she completes the period for which enlisted.  Some soldiers’ term of service expires on a Saturday, Sunday, or legal holiday.  These soldiers may consent to be discharged or released from active duty on the last working day before their normal date of discharge or release.  The actual date of release will be recorded on the DD Form 214.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  It also stated that one bronze service star is worn on the appropriate service medal for each credited campaign.

9.  Department of the Army Pamphlet 672-3 shows that the 188th Ordnance Company was awarded the Meritorious Unit Commendation for the period         25 June 1968 – 30 April 1969.  Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show he was released from active duty on 25 January 1970.  On the contrary, his separation orders substantiates that he was released from active duty on           23 January 1970.  This would have been in conformance with regulatory guidance that allows the separation of a soldier whose normal ETS falls on a weekend or holiday (as 25 January 1970 fell on a Sunday) to be separated on the last working day before that date (as 23 January 1970 fell on a Friday).  Since the applicant signed his DD Form 214, presumably he gave his consent to his early discharge.

2.  Despite having one record of nonjudicial punishment on file for a minor offense, the applicant’s DA Form 20 shows that his conduct and efficiency were always rated as excellent.  Therefore, he met the eligibility criteria for award of the Army Good Conduct Medal.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and is therefore eligible to wear these awards.  He is also eligible to wear four bronze service stars on his Vietnam Service Medal.

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 by awarding the applicant the Army Good Conduct Medal for the period 18 January 1967 – 17 January 1970.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he was awarded the Vietnam Service Medal with four bronze service stars.
3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__mdm___  __le____  __kyf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002070311	
SUFFIX		
RECON		
DATE BOARDED	20020523	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.