PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 April 2003                  
	DOCKET NUMBER:   AR2002077303

	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. W. W. Osborn, Jr.		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 DD Form 214 (Report or Transfer or Discharge) be corrected to show that he was awarded the Good Conduct Medal and the "Vietnam Cross of Gallantry with 3rd palm award."

3.  The applicant states, in effect, that he is entitled to these awards.

4.  The applicant’s military records show that he enlisted and entered active duty on 20 January 1965.  He completed training as a tracked vehicle mechanic and was stationed in Hawaii with the 4th Infantry.  He was transferred to Headquarters and Headquarters Battery, 3rd Battalion, 13th Artillery on 4 February 1966.  On 17 March 1966, the unit was transferred to the Republic of Vietnam (RVN).  The applicant was transferred to A Battery, 3rd Battalion, 13th Artillery on 19 September 1966 and returned to the United States on 16 February 1967.

5.  He was separated on 19 January 1968 with an honorable characterization of service and transferred to the Army Reserve in pay grade E-5.  His conduct and efficiency rating were excellent throughout his enlistment.  

6.  His DD Form 214 shows his authorized awards as the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with "1960-" device and the Expert Qualification Badge with Rifle Bar.  Item 41 (Awards and Decorations) of his DA form 20 (Enlisted Qualification Record) lists the same awards.  Item 41 (Remarks) makes no reference to disqualifications for the Good Conduct Medal. 

7.  Army Regulation 600-8-22 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.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying.  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 non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

8.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include:  Vietnam Counteroffensive, ending 30 June 1966 and Counteroffensive Phase II, ending 31 May 1967.
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the 3rd Battalion, 13th Artillery was awarded the RVN Gallantry Cross with Palm Unit Citation for the period of April 1966 through August 1968 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period of 1 August 1966 through 21 August 1970.  No individual is authorized to wear more that one of either award.

CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his promotion to pay grade E-5.  He should be awarded the Good Conduct Medal and it should be shown on his DD form 214.

2.  The applicant served in Vietnam during two designated campaign periods and is entitled to wear two bronze service stars on the Vietnam Service Medal.

3.  The applicant's unit in Vietnam was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  These awards should be shown on his DD Form 214. 

4.  Exactly what the applicant's meant by "Vietnam Cross of Gallantry with 3rd Palm award" cannot be determined.  An individual may not be authorized to wear more that one of these unit awards and there is no indication that he received an individual award of the RVN Gallantry Cross. 

5.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards already listed on his DD Form 214, the individual concerned has been authorized the Good Conduct Medal, two bronze service stars for wear on the Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

__RJW__  _BJE____  ___LMB_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR200277303	
SUFFIX		
RECON		
DATE BOARDED	20030408	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.