PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          23 September 2003   
	DOCKET NUMBER:  AR2003087333

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal.

3.  The applicant states that the Army Commendation Medal is not listed on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show that he enlisted on 23 March 1970 for a period of 2 years.  He served as a field artillery crewman assigned to the 
5th Battalion, 4th Artillery, 1st Brigade of the 5th Infantry Division and the 
3rd Battalion of the 82nd Artillery in Vietnam from 28 August 1970 through 
27 October 1971.  On 28 October 1971, the applicant was released from active duty in the rank of specialist four after completing 1 year, 7 months and 6 days of creditable active service with no time lost.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, the Vietnam Campaign Medal and two awards of the Overseas Service Bar as authorized awards.

6.  There are no orders for the Army Commendation Medal in the applicant’s service personnel records.

7.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Army Commendation Medal.

8.  The applicant’s records show he participated in two campaigns during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, 5th Battalion, 
4th Artillery, lst Brigade of the 5th Infantry Division, is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

13.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

CONCLUSIONS:

1.  The Board considered the applicant’s request that his DD Form 214 be corrected to show award of the Army Commendation Medal.   However, there is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal in this case.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   

3.  Considering the applicant attained the rank of specialist four in less than 
15 months, the Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 23 March 1970 through 
28 October 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant's DD Form 214 should be corrected to show this award.

4.  The applicant’s unit, 5th Battalion, 4th Artillery, lst Brigade of the 5th Infantry Division, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant’s DD Form 214 should be corrected to show this unit citation.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1.  That the applicant be awarded the first award of the Good Conduct Medal for the period 23 March 1970 through 28 October 1971.

2.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Vietnam Service Medal with two bronze service stars, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  That so much of the application as pertains to award of the Army Commendation Medal be denied.

BOARD VOTE:  

JLP____  AAO____  PHM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Jennifer L. Prater__
		        CHAIRPERSON

INDEX

CASE ID	AR2003087333	
SUFFIX		
RECON		
DATE BOARDED	20030923	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0000	
3.		
4.		
5.		
6.