PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 June 2000                   
	DOCKET NUMBER:   AR1999029447

	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. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM).

3.  The applicant states in effect that he was awarded the BSM and the ARCOM after he was discharged and that his DD Form 214 does not reflect that he received the awards.

4.  The applicant’s military records show that he enlisted into the Army on 
15 March 1965, for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B4P (Light Weapons Infantryman).

5.  The applicant served in the Dominican Republic and in the Republic of Vietnam from 1966 through 1968.  He was honorably discharged on 7 March 1968, after completing 2 years, 11 months and 23 days of creditable active service with no time lost.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Armed Forces Expeditionary Medal and the Parachutist Badge.  His conduct and efficiency had been rated as excellent throughout his career.

6.  The applicant’s DD Form 214 does not show the BSM or the ARCOM as authorized awards nor does his DA Form 20 (Enlisted Qualification Record) reflect the awards.

7.  There are no orders in the applicant’s records which show that he was awarded the BSM or the ARCOM and there is no evidence to show that he was recommended for either award.  The applicant did not provide any evidence to support his claim for the awards.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in
which the United States is not a belligerent party.  It also provides, in pertinent 

part, that the Army Commendation Medal is awarded to any member of the Armed Forces of the United States, while serving in any capacity with the Army, who distinguishes himself by heroism, meritorious achievement or meritorious service.  The award may be made to any individual recommended for the award.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Army Good Conduct Medal is 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 rating must have been rated as “excellent” for the entire period of qualifying service.

CONCLUSIONS:

1.  There is no evidence in the applicant’s records that show he was recommended for or was awarded the BSM or the ARCOM.  In the absence of such evidence there is no basis for correcting the applicant’s records to show the award of the BSM and the ARCOM.  However, if the applicant can provide the evidence to show that he was awarded the BSM and the ARCOM, such as orders or award certificates, he can apply for reconsideration.

2.  The records available to the Board indicate that the applicant is eligible to receive the Army Good Conduct Medal for the period of 15 March 1965 to 
7 March 1968.

3.  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.  awarding the Army Good Conduct Medal to the individual concerned; and 

    b.  correcting item 24 of his DD Form 214 to show that he was awarded the Army Good Conduct Medal.

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

BOARD VOTE:  

__eb____  __jhk___  __bje___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Elizabeth Buchanon
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029447	
SUFFIX		
RECON		
DATE BOARDED	20000613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.