PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           18 SEPTEMBER 2001
	DOCKET NUMBER:   AR2001059306

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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 records be corrected to reflect award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  He states the awards “were deleted” from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He submits a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record).

3.  Records available to the Board indicate the applicant entered active duty on 
16 April 1963 and was initially assigned as a cannoneer with the 319th Artillery but subsequently assumed duties as a cook when the unit was reassigned to Okinawa in February 1964.

4.  In May 1965 the applicant was transferred to Vietnam as part of a unit move.  The applicant was a member of the 3rd Battalion, 39th Artillery, 173rd Airborne Brigade (Separate).  He remained in Vietnam until January 1966 when he returned to the United States and was honorably discharged on 16 January 1966 in pay grade E-4.  His DD Form 214 reflects entitlement to a Sharpshooter Badge with “rifle” bar and a Parachutist Badge but none of the decorations associated with service in Vietnam.

5.  Historical information concerning the 173rd Airborne Brigade (Separate) indicates it was activated on the island of Okinawa on March 26, 1963. The Brigade was the first Army unit sent to the Republic of South Vietnam in May 1965 and the 319th Artillery was an element of the Brigade.

6.  Army Regulation 600-8-22 states that the Vietnam Service Medal was established in July 1965 and awarded for service in Vietnam between 3 July 1965 and 28 March 1973.  The Republic of Vietnam Campaign Medal was awarded by the Government of the Republic of Vietnam to individuals who served a minimum of 6 months in Vietnam between 1 March 1961 and 
28 March 1973.

7.  Army Regulation 600-8-22 also states that individuals who served honorably on active duty between January 1961 and August 1974 are entitled to the National Defense Service Medal.

8.  Additionally, the Army 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.  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, his conduct and efficiency ratings were consistently noted to be excellent, and there is no evidence of any misconduct in his file.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (3rd Battalion, 319th Artillery) was credited with participating in two designated campaigns (Vietnam Defense Campaign and Vietnam Counteroffensive) during the applicant’s period of assignment.  Bronze service stars on the Vietnam Service Medal recognize campaign participation.  The unit was also awarded a Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1.  The evidence confirms the applicant served in Vietnam between May 1965 and January 1966.  He is entitled to the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal.  He is also entitled to a Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm based on his service with the 319th Artillery during the period when the unit was awarded those decorations.

2.  The applicant completed a qualifying period for award of the Army Good Conduct Medal on 16 January 1966.  There is no evidence in available records which would serve as a basis to deny him that award.  The Board concludes it would be appropriate and in the interest of justice to award him the Army Good Conduct Medal for the period 16 April 1963 through 16 January 1966.

3.  His honorable service also entitles him to a National Defense Service Medal and his record should be corrected accordingly.

4.  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 is entitled to the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a Meritorious Unit Commendation;

b.  by awarding him the National Defense Service Medal; and

c.  by awarding him the Army Good Conduct Medal for the period 16 April 1963 through 16 January 1966.

BOARD VOTE:  

__JHL___  __MHM _  __KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston __
		        CHAIRPERSON

INDEX

CASE ID	AR2001059306	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010918	
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.