PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 June 2002                  
	DOCKET NUMBER:   AR2001063466

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show award of the Good Conduct Medal and the National Defense Service Medal.

3.  The applicant states he served honorably for three years and should have been awarded the Good Conduct Medal.  He states that since the Vietnam Era did not end until 7 May 1975 he had been directed to wear the National Defense Service Medal and as such should have received orders entitling him to the medal.

4.  The applicant’s military records show that he entered active duty under an accelerated promotion program on 6 May 1975.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 91G (Social Work Assistant).  He was promoted to specialist five (E-5) on 16 September 1975 and assigned the MOS of 91G20 (Behavioral Sciences Assistant).  He was released from active duty on 5 May 1978, with an Honorable Discharge Certificate at the expiration of his obligated term of service. (ETS).

5.  The applicant's record contains several letters of appreciation and no negative or derogatory information or comments.  

6.  Army Regulation 600-8-22, paragraph 2-10 provides, in pertinent part, that the National Defense Service Medal was effective for soldiers who served honorably on active duty between 1 January 1961 and 14 August 1974.

7.  Army Regulation 600-8-22, chapter 4, 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.  A record of punishment is not automatically disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Although the United States had some involvement and operations in Vietnam as late as 7 May 1975, the official period for award of the National Defense Service Medal ended prior to the applicant's entrance onto active duty.  As applicant did not serve during a period of service for which the National Defense Service Medal was authorized, he is not entitled to this medal.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity during a qualifying period of active service and should be awarded the Good Conduct Medal. 
3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Good Conduct Medal for the period of 6 May 1975 through 5 May 1978.

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

BOARD VOTE:  

_RVO___  __RWA__  ___JTM__ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001063466	
SUFFIX		
RECON		
DATE BOARDED	20020620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT Partial	
REVIEW AUTHORITY		
ISSUES         1.	107.0069	
2.	107.0056	
3.		
4.		
5.		
6.