PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           4 February 2003                   
	DOCKET NUMBER:   AR2002073085

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 Purple Heart (PH) and Army Commendation Medal (ARCOM) be added to his separation document.

3.  The applicant states that since he earned these awards, he is entitled to have them listed on his separation document.

4.  In support of his request he submits a copy of the award certificate for his ARCOM which shows that he served in Vietnam from 1 August 1969 to 1 August 1970.

5.  The applicant’s military records show that he was inducted and entered on active duty on 19 March 1969 at the New York City Armed Forces Examining and Entrance Station.  

6.  He accepted nonjudicial punishment (NJP) under Article 15, UCMJ, on 7 July 1969 for being absent without leave (AWOL) for 4-days.  He was awarded the military occupational specialty of an infantryman and was promoted to pay grade E-4.

7.  He served in Vietnam from 22 August 1969 to 21 August 1970.  On 4 May 1970, General Orders Number 4433 were published awarding the applicant the PH.  The second digit of the applicant’s Social Security Account Number (SSAN) on those orders incorrectly shows “1” when it should have shown “7.”

8.  The applicant was honorably released from active duty on 22 March 1971.  The separation document he was issued shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal with 1960 Device, and the Vietnam Service Medal with one bronze service star.  The applicant's DA Form 20, Enlisted Qualification Record, does not contain an entry of nonfavorable consideration for the Good Conduct Medal.

9.  In the processing of this case the applicant’s unit’s historical files were reviewed.  There were no General Orders in those files which awarded the applicant the ARCOM.

10.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

11.  Army Regulation 600-8-22 also 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

12.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are: Counteroffensive, Vietnam Summer-Fall 1969 (9 June through 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970); DA Sanctuary Counteroffensive (1 May through 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971).

CONCLUSIONS:

1.  The applicant was awarded the PH and that decoration should be added to his separation document.  In addition, the SSAN on the PH order should be corrected for historical purposes.

2.  Absent orders to verify the authenticity of the photocopied ARCOM certificate, there is insufficient evidence in which to base the addition of an ARCOM to the applicant’s separation document.

3.  The applicant is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  

4.  Also, the applicant served in Vietnam during four designated campaigns.  As such, he should have been awarded four bronze service stars to his Vietnam Service Medal, not one.

5.  The Board also considered whether the applicant should have been awarded the Good Conduct Medal.  In that regard, while he accepted NJP for being AWOL, after that punishment he was promoted three pay grades and served a complete tour in Vietnam as an infantryman, which resulted in his being wounded in action.  The Board is of the opinion that the applicant wasn't awarded the Good Conduct Medal because of an administrative oversight.  The lack of a disqualification for the Good Conduct Medal entered on his DA Form 20 supports this conclusion.

6.  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:

	a.  correcting the SSAN of General Orders 4433 dated 4 May 1970, Headquarters, Americal Division, from reading in the first three digits "012" to "072;"

	b.  awarding him the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

	c.  awarding him four bronze service stars for wear on his already awarded Vietnam Service Medal; 

	d.  awarding him the Good Conduct Medal for the period 19 March 1969 to 22 March 1971; and

	e.  adding the PH, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, four bronze service stars for wear on his already awarded Vietnam Service Medal, and the Good Conduct Medal, to his separation document.

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

BOARD VOTE:  

__mhm__  ____rjw_  ____clg__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Melvin H. Meyer__________
		        CHAIRPERSON

INDEX

CASE ID	AR2002073085	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020204	
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.