PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR1999034424

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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, in effect, that he be awarded the Army Good Conduct Medal (AGCM).

3.  The applicant states, in effect, that he honorably served in the Army for 3 years, which included a combat tour in Vietnam.  

4.  The applicant’s military records show that on 15 January 1970, he enlisted in the Regular Army for 3 years.  Upon his successful completion of basic and advanced individual training he was awarded military occupational specialty 
91B (Medical Aidman) and he was assigned overseas to Vietnam for his first permanent duty station.

5.  The applicant’s Official Military Personnel File (OMPF) shows that during his tenure in service he attained the rank of Specialist/E-4 and that he earned the following awards and decorations:  the National Defense Service Medal (NDSM); the Vietnam Service Medal (VSM); two Army Commendation Medals (ARCOM); the Combat Medical Badge (CMB); the Republic of Vietnam Campaign Medal with 60 device (RVNCM/w 60 Dev); the Bronze Star Medal (BSM); and the Air Medal (AM).   

6.  The applicant’s OMPF contains no derogatory information that would have disqualified him from receiving the AGCM nor is there any data recorded that would indicate that he was disqualified from receiving the AGCM by any of the unit commander’s for which he served.  

7.  The separation report in the record shows that the applicant was separated, under the provisions of Paragraph 5-14, Army Regulation 635-200, by reason of early separation of overseas returnees.  In addition, it verifies that at the time of his separation the applicant had completed a total of 2 years, 11 months, and 
24 days of active military service, and that his service was characterized as honorable. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 4 prescribes the policy for award of the AGCM.  Paragraph 4-4 states, in pertinent part, that the immediate unit commander's decision to award the AGCM will be based on his or her personal knowledge and of the individual's official records for periods of service under previous commanders during the period for which the award is to be made.  Further, it indicates that the lack of official disqualifying comment by previous commanders qualifies the use of such period toward the award by current commander.  

9.  Paragraph 4-5 identifies, for the first award only, service of 1 year or more as a qualifying period of service for the AGCM for members terminating service on or after 27 June 1950.

CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 15 January 1970 to 8 January 1973.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

2.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that  this error should be corrected and the applicant should receive the AGCM at this time.

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 by showing that the individual concerned was awarded the AGCM for the period 
15 January 1970 to 8 January 1973.

BOARD VOTE:  

__esc___  ___js  ___  __cmf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999034424	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1973/01/08	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	Early Separation for Overseas Returnee	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056	
2.		
3.		
4.		
5.		
6.