PROCEEDINGS

IN THE CASE OF: 

	BOARD DATE:            3 May 2000       
	DOCKET NUMBER:   AR1999033753

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, 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 reflect award of the Purple Heart, Air Medal and Army Commendation Medal with "V" device. 

3.  Records indicate the applicant entered active duty on 29 July 1970 and served in Vietnam between January and October 1971.  He was awarded the Army Commendation Medal with "V" device for his heroic actions on 11 April 1971.  On 12 May 1971 he was wounded as a result of hostile action and awarded the Purple Heart and in October 1971 he was awarded an Air Medal.  Orders confirming the Army Commendation Medal with "V" device and Air Medal were published by the 23rd Infantry Division while orders confirming award of the Purple Heart were issued by the 91st Evacuation Hospital.  The applicant's records also confirm he was awarded an Army Commendation Medal although it is unclear if the award was for service or achievement.

4.  On 31 January 1972 the applicant was released from active duty in pay grade E-4 with an honorable characterization of service.  His conduct and efficiency ratings throughout his period of military service were excellent.  While his separation report reflects entitlement to several awards, including his Army Commendation Medal it does not reflect entitlement to the Army Commendation Medal with "V" device, the Purple Heart, Air Medal or Army Good Conduct Medal.

5.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. 

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Purple Heart, Army Commendation Medal with "V" device and Air Medal and is entitled to have those awards reflected on his separation report.

2.  The evidence also confirms the applicant completed a qualifying period of service for award of the Army Good Conduct Medal and 31 January 1972 when he was released from active duty.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and there is no evidence which would serve as a basis to deny the applicant the award.  As such he should be awarded the Army Good Conduct Medal for the period 29 July 1970 through 31 January 1972.

3.  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:

a.  by showing that the individual concerned was awarded the Purple Heart, Army Commendation Medal with "V" device and Air Medal; and

b.  by awarding him the Army Good Conduct Medal for the period 29 July 1970 through 31 January 1972.

BOARD VOTE:  

___rvo__  __jhk___  ___ewl__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033753	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000503	
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.