PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 May 2000                  
	DOCKET NUMBER:   AR1999031245

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 any awards or decorations to which he may be entitled. 

3.  The applicant states that he was in a helicopter company that saw a lot of action.  He contends that it may be possible the company received commendations that are not listed on his discharge document.  In support of his application, he submits a copy of his DD Form 214 and a letter from a Veterans Service Office in Ohio, dated 9 September 1999.

4.  The applicant’s military records show that he was inducted in the Army of the United States on 11 October 1967 and honorably discharged on 16 October 1967 to enlist in the Regular Army.  He enlisted on 17 October 1967 for a period of 3 years.  The applicant served as a general vehicle repairman in Vietnam and was honorably discharged on 16 October 1970. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 shows the Expert Qualification Badge with Rifle Bar, the Marksman Qualification Badge with Rifle Bar, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device and two Oversea Bars as authorized awards.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 46, dated 1969.
  
7.  There is no evidence in the applicant’s personnel records that he was considered for the first award of the Good Conduct Medal.  There also is no evidence of record that his chain of command took any action to disqualify him from receiving the Good Conduct Medal.  There is no indication of indiscipline or other adverse action in the applicant’s records.

8.  The applicant’s personnel records show that he served in Vietnam from 6 May 1968 through 6 May 1969 and participated in four campaigns (Vietnam Counteroffensive, Phase IV, 2 April 1968 through 30 June 1968; Vietnam Counteroffensive, Phase V, 1 July 1968 through 1 November 1968; Vietnam Counteroffensive, Phase VI, 2 November 1968 through 22 February 1969; and TET 69 Counteroffensive, 23 February 1969 through 8 June 1969).  These campaigns are listed in Appendix B of Army Regulation 600-8-22 (Military Awards).

9.  Review of the applicant’s records and Army Regulation 600-8-22 does not reveal entitlement to any additional awards.

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are 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.

11.  Army Regulation 600-8-22 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

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, among which is the Vietnam Service Medal.

CONCLUSIONS:

1.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is entitled to correction of his DD Form 214 to show permanent wear of the foreign unit citation.

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three-year period of qualifying Federal military service (active duty from 17 October 1967 through 16 October 1970).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.   

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 showing that the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the first award of the Good Conduct Medal for the period 17 October 1967 through 16 October 1970 and the Vietnam Service Medal with four bronze service stars. 

BOARD VOTE:  

MKP___  GDP_____  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999031245	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701016	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0094	
2.	107.0056	
3.	107.0073	
4.		
5.		
6.