PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 May 2003
	DOCKET NUMBER:   AR2003083822

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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 he be awarded either the Vietnam Service Medal (VSM) or the Armed Forces Expeditionary Medal (AFEM). 

3.  The applicant states that he served overseas in Vietnam and should have been awarded either the VSM or the AFEM.

4.  The applicant’s military records show that he was inducted in Chicago, Illinois, on 13 September 1965.  He successfully completed his training at Fort Knox, Kentucky, and was transferred to Thailand on 17 March 1966.  He was assigned to the United States Military Assistance Command – Thailand (USAMACTHAI) for duty as a clerk-typist.  He was promoted to the pay grade of E-5 on 28 June 1967.

5.  He served in Thailand until 4 September 1967, when he was returned to Oakland, California.  On 21 October 1965, after a brief period of hospitalization, he was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 2 years, 1 month and 9 days of total active service and was awarded the Army Commendation Medal, and the National Defense Service Medal. 

6.  A review of his records show that he had excellent conduct and efficiency ratings throughout his service and there is no derogatory information contained in his records.

7.  Information obtained from unit records at the National Archives in College Park, Maryland indicates that the USAMACTHAI was established on 15 May 1962 to fulfill direct support functions related to the Vietnam conflict.

8.  Army Regulation 600-8-22 serves as the authority for award of the VSM.  It provides, in pertinent part, that the VSM was established by Executive Order 11231, 8 July 1965.  It is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace thereover, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served in Thailand for a period of 18 months with the USAMACTHAI, a unit which provided direct support to operations in Vietnam.  Therefore, the Board finds that he is entitled to the award of the VSM.

2.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 13 September 1965 through 21 October 1967.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

3.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

4.  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 by awarding the individual concerned the VSM and the AGCM for the period of 13 September 1965 through 21 October 1967.

BOARD VOTE:  

___lb ___  __lem___  ___fe ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003083822	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056/agcm	
2.  119	107.0073/vsm	
3.		
4.		
5.		
6.