PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            25 July 2000                  
	DOCKET NUMBER:   AR1999030506

	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. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 the Good Conduct Medal (GCM) and a unit citation with oak leaf cluster.

3.  The applicant states that no adverse action was ever taken against him and he honorably completed his enlistment.

4.  The applicant’s military records show that he enlisted in the Regular Army for 3 years on 27 June 1960, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-5.  He served 2 years, 6 months and 16 days of his enlistment in Europe, assigned to various squadrons of the 2nd Brigade, 41st Infantry Division.  He was honorably released from active duty and transferred to the USAR Control Group at the expiration of his term of service on 14 June 1963.  There is no record of any adverse action ever being taken or considered against the applicant.

5.  Army Regulation 672-5-1 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.

6.  Army Regulation 672-5-1, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  This regulation also specifies that the Vietnam War era, the period for which the Vietnam Service Medal is authorized, was from 3 July 1965 through 28 March 1973.

7.  Army Regulation 670-1, in pertinent part, states that the Meritorious Unit Commendation is authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

CONCLUSIONS:

1.  There is absolutely nothing in the applicant’s records which would indicate that his not being awarded the GCM was anything but an oversight.  He served honorably and with distinction.

2.  However, there is no indication that he was assigned to any unit which was awarded a unit citation during the timeframe for which the unit was given that award.  As such, he was not entitled to that award.

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 showing that the individual concerned was awarded the GCM for the period of service ending on 14 June 1963.

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

BOARD VOTE:  

__tsk____  ____sk__  ____jhk _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Ted S. Kanamine_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999030506	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000725	
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.