PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 July 2003                  
	DOCKET NUMBER   AR2003086671

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. Thomas Lanyi		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, in effect, that his separation document (DD Form 214) be corrected by adding the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM) to the list of earned awards. 

3.  The applicant states, in effect, that his DD Form 214 does not include the ARCOM and the AGCM in the list of earned awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  In support of his application, he submits a copy of an ARCOM award certificate. 

4.  The applicant’s military records show that on 23 January 1969 he was inducted into the Army.  He was trained and served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  On 22 January 1971, he was honorably discharged after completing a total of 2 years of active military service. 

5.  The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that he held the rank and pay grade of specialist four/E-4 (SP4/E-4) on that date.  It also shows that he earned the following awards during his tenure on active duty:  National Defense Service Medal; Vietnam Service Medal (VSM) with 2 bronze service stars; and Republic of Vietnam (RVN) Campaign Medal with 60 device.  

6.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 30 June 1969 to 29 June 1970, and that he was assigned to Company B, 1st Battalion, 20th Infantry, 11th Infantry Brigade performing duties in MOS 11C.  His Official Military Personnel File (OMPF) contains no derogatory information and there is no indication that he was ever disqualified from receiving the AGCM by any of the active duty unit commanders for whom he served.

7.  The applicant’s OMPF did contain a copy of a correction to his DD Form 214 (DD Form 215), dated 5 August 2002.  This document corrected
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 22 January 1971, by deleting the VSM with 2 bronze service stars and adding the Bronze Star Medal, VSM with 3 bronze service stars, Combat Infantryman Badge, and RVN Gallantry Cross with Palm Unit Citation.

8.  The applicant provided a copy of an ARCOM award certificate that shows that he was awarded the ARCOM for meritorious achievement in ground operations against hostile forces in the RVN during the period 1 February 1970 through 
8 February 1970.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 contains guidance on the award of the AGCM and it states, in pertinent part, that this award is authorized for members who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is normally 3 years except in the case of the first award, in which case a period of 1 or more years is considered a qualifying period if it is awarded at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the ARCOM and the AGCM should be added to the list of awards contained in his DD Form 214, and it finds this claim has merit. 

2.  The applicant provides an ARCOM certificate that shows he was awarded the ARCOM for meritorious achievement in ground operations against hostile forces in the RVN for the period 1 February 1970 to 8 February 1970.  This period is consistent with the applicant’s RVN assignment history and the Board finds no reason to doubt its validity.  Therefore, the Board finds it would be appropriate to add the ARCOM to his record at this time. 

3.  In addition, the evidence of record does confirm that the applicant served a qualifying period of honorable service, from 23 January 1969 through 
22 January 1971, that entitles him to the first award of the AGCM.  Lacking derogatory information on file that would prevent him from receiving this award or of a specific disqualification by any of the active duty unit commanders for whom he served, the Board concludes that it would also be appropriate to add this award to his record 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 for the individual concerned be corrected by showing he earned the Army Commendation Medal; by awarding him the first award of the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 
23 January 1969 through 22 January 1971; and by providing him a corrected separation document that includes these awards.  

BOARD VOTE:  

_TDH__  __JS__  __TL__  GRANT AS STATED IN RECOMMENDATION

________  ________  ___  GRANT FORMAL HEARING

________  ________ ____  DENY APPLICATION

		
		John N. Slone
	                                              CHAIRPERSON

INDEX

CASE ID	AR2003086671	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	 GRANT	
REVIEW AUTHORITY		
ISSUES         1. 66	107.0020	
2. 102	107. 0056	
3.		
4.		
5.		
6.