PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 April 2002
	DOCKET NUMBER:   AR2001062925

	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	
	Ms. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Richard T. Dunbar		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 his report of discharge (DD Form 214) be corrected to show all of his authorized decorations and awards.

3.  The applicant’s military records show that he was inducted on 6 February 1970.  He successfully completed his training at Fort Knox, Kentucky and departed on 12 June 1970, enroute to Vietnam.  He was reported as absent without leave (AWOL) from 3 to 6 July 1970, and arrived in Vietnam on 14 July 1970.  There is no indication of any disciplinary action being taken for the AWOL offense.  In fact, he was promoted to the pay grade of E-3 on 1 August 1970.  His conduct and efficiency ratings are all excellent.  Upon arrival in Vietnam he was assigned to the 228th Aviation Battalion with duties of Armor Reconnaissance Specialist and subsequently was assigned the duties of a door gunner.  On                13 September 1971, he was honorably released from active duty and on the next day was transferred to the USAR Control Group (Annual Training).  The records show he was credited with 1 year, 7 months, and 5 days of total active Federal service.  The awards shown on his DD Form 214 are the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), and the Vietnam Campaign Medal (VCM).

4.  On 27 March 1971, orders were published awarding the applicant the Army Commendation Medal (ARCOM).  However, it was never entered on his DD Form 214.

5.  The evidence of record verifies that the applicant’s commander submitted a recommendation for award of the Air Medal with 12 oak leaf clusters (OLC) for the period 7 August 1970 through 3 November 1970.  However, there is no indication it was ever processed to completion.

6.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards of the applicant’s unit in Vietnam during his period of service.  His unit participated in two campaigns that entitled him to the award of two bronze service stars (BSS) for wear on his already awarded Vietnam Service Medal.  Also, based on the unit’s period of participation, the applicant should be awarded the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation.

7.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal (AGCM) 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 in writing by the commander.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal (AM) is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.  The numeral 1 denotes the second award.

CONCLUSIONS:

1.  The applicant is eligible for two BSS for his already awarded Vietnam Service Medal, by virtue of his participation in two campaigns during his service in Vietnam.

2.  The ARCOM was awarded to the applicant for his meritorious service in connection with military operations against a hostile enemy force in Vietnam.  Accordingly, it should be entered on his DD Form 214.

3.  Although the applicant had 3 days of AWOL enroute to Vietnam, he was never punished for that offense, was never disqualified for award of the AGCM, he was promoted shortly thereafter, and had an excellent record of service.  Accordingly, the Board believes that he should be awarded the AGCM for the period of 6 February 1970 thru 13 September 1971.

4.  In accordance with the governing regulation and evidence of the applicant’s commander’s intentions to award him the Air Medal with 12 OLC’s, the Board has determined that it would be in the interest of justice to award him the Air Medal with the numeral “12” at this time.

5.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation subsequent to his departure.  Therefore, it would be in the interest of justice to award him that award at this time and correct his records accordingly.

6.  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 he is entitled to two BSS for wear on his already awarded VSM, the ARCOM, and by awarding him the AGCM for the period of service from         6 February 1970 through 13 September 1971, the AM with numeral “12” and the RVNGC with Palm Unit Citation.

BOARD VOTE:  

__rtd____  _mkp ___  __eja ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001062925	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  66	107.0020	
3.  102	107.0056	
4.  140	107.0094	
5.		
6.