PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               27 January 2000                 
	DOCKET NUMBER:      AR1999032342

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		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 records to show award of the Good Conduct Medal (GCMDL), the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM) with “V” Device.

3.  The applicant submits two DD Forms 149 (Application for Correction of Military Record).  He states that his second term of service from February 1969 to February 1972 was exemplary which included a second tour in Vietnam along with promotions and many achievements.  He also states that he never had a problem and received many accolades for his service.  Further, he states that he was awarded the Purple Heart in 1967 because of wounds he received while in the process of rescuing a fellow soldier.  In support of his application, he submits a copy of his DD Form 214, E-5/E-6 Promotion Order of Merit List, dated 22 August 1969, a newspaper article and various documents from his 201 file.

4.  The applicant’s military records show that he enlisted in the Regular Army on 1 November 1965 for a period of three years.  He completed infantry training and was assigned to Vietnam.  On 4 February 1969, he reenlisted in the Army and served another tour in Vietnam and Germany.  The applicant was discharged from active duty on 3 February 1972.

5.  The applicant’s personnel records contain two DD Forms 214 (Report of Transfer or Discharge).  These discharge documents do not show the GCMDL, the ARCOM or the BSM with “V” Device as authorized awards.  The Board noted that the applicant is entitled to award of the Vietnam Gallantry Cross with Palm Unit Citation which is also not shown on his discharge documents.

6.  There is no evidence in the applicant’s personnel records that he was considered for the first award of the GCMDL during his first enlistment.  However, item 30 (Remarks) of the applicant’s DD Form 214 with an effective date of 5 November 1968 shows “5 days lost under 10, USC 972 from 21-25 Dec 65” during his first enlistment.  This period of being absent without leave (AWOL) is a disqualifying factor for award of the GCMDL.

7.  The applicant’s records show that his conduct and efficiency ratings were “excellent” during the three years of his second enlistment.  However, there is no evidence that he was awarded or disqualified  by his chain of command from receiving the first award of the GCMDL during his second enlistment.  

8.  There are no orders in the applicant’s records which show that he was awarded the ARCOM.  There is no indication in his personnel records that he was recommended for this award.

9.  There are no orders in the applicant’s service personnel records which show that he was awarded the BSM with “V” Device.  There also is no evidence in his records that he was recommended for award of the BSM with “V” Device.  His records contain two DA Forms 20 (Enlisted Qualification Record).  These documents do not list the BSM with “V” Device in item 41 (Awards and Decorations).

10.  The applicant was awarded the Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974. 

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 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

CONCLUSIONS:

1.  There is no evidence of record available to the Board which shows the applicant was recommended for or awarded the first award of the Good Conduct Medal.  However, during his first enlistment, his record shows lost time which may be a disqualifying factor for award of the Good Conduct Medal.  Therefore, the Board determined that the applicant is not entitled to award of the Good Conduct Medal for his first enlistment based on his period of AWOL.

2.  The applicant is entitled to the first award of the Good Conduct Medal for his second enlistment based on completion of a period of qualifying service of three years from 4 February 1969 to 3 February 1972.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 3 February 1972 to show this award.

3.  There is no evidence the applicant was recommended for or awarded the Army Commendation Medal.  Therefore, he is not entitled to this award.
4.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal with “V” Device.  Therefore, the applicant is not entitled to award of the Bronze Star Medal with “V” Device.

5.  The applicant was awarded the Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing the individual concerned was awarded the first award of the Good Conduct Medal for the period 4 February 1969 to 3 February 1972 on his DD Form 214 with an effective date of 3 February 1972, and 

	b.  by showing he was awarded the Vietnam Gallantry Cross with Palm Unit Citation on both of his DD Forms 214.

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

BOARD VOTE:  

INW____  SK______  EJA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR1999032342	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000127	
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.