PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            08 APRIL 2003                  
	DOCKET NUMBER:   AR2002076531

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda M. Barker		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 military records be corrected to reflect award of the Army Commendation Medal.  He states the award was never recorded on his separation document.  In support of his request he submits a copy of his award certificate.

3.  Records available to the Board indicate he entered active duty on 2 June 1969.  Upon completion of training, in October 1969 he was assigned to Vietnam as a vehicle driver with the 1st Logistical Command.  He was subsequently assigned to the 261st Transportation Company and ultimately to the 506th Transportation Detachment where he remained until December 1970 when he returned to the United States.  He was released from active duty on 5 December 1970, in pay grade E-4, with an honorable characterization of service.

4.  On 22 December 1970, after his separation from active duty, orders were issued by the United States Army Support Command in Saigon awarding the applicant the Army Commendation Medal for meritorious service during the period January 1970 to December 1970.

5.  Army Regulation 600-8-22 provides that 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 Army 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 Army Good Conduct Medal.  His conduct and efficiency ratings throughout his military service were excellent.

6.  A review of Department of the Army Pamphlet 672-3 notes that the applicant's unit (1st Logistical Command) was awarded a Meritorious Unit Commendation while he was a member of the organization.  He is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and participated in four designated campaigns (Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII).  His campaign participation should be reflected by four bronze service stars on the Vietnam Service Medal that is already recorded on is separation document.

CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Army Commendation Medal as a result of his meritorious service in Vietnam.  His records should be corrected accordingly.
2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 5 December 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 2 June 1969 through 
5 December 1970.

3.  The evidence also confirms that the applicant is entitled to a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and four bronze service stars on his Vietnam service medal.

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 was awarded the Army Commendation Medal;

b.  by awarding him the Army Good Conduct Medal for the period 2 June 1969 through 5 December 1970; and 

c.  by showing that he is entitled to a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and four bronze service stars on his Vietnam Service Medal.

BOARD VOTE:  

__RJW__  __BJE___  __LMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2002076531	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030408	
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.