PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           10 April 2003                   
	DOCKET NUMBER:   AR2002077689

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Marla J. N. Troup		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 Army Commendation Medal (ARCOM) be added to his separation document.

3.  The applicant states The Veterans of Foreign Wars will not let him join unless the ARCOM is added to his separation document.

4.  The applicant’s military records show that he was inducted and entered on active duty on 10 February 1970.

5.  He was awarded the military occupational specialty of light vehicle driver and was promoted to pay grade E-4.

6.  He served in Vietnam from 26 June 1970 to 15 September 1971.

7.  He was honorably released from active duty on 15 September 1971 due to his having insufficient time left on his induction to warrant his assignment to a new unit after his return from Vietnam.  His separation document shows that he was awarded the National Defense Service Medal.

8.  The applicant was never reduced in grade, nor is there any other indication that his service was anything but exemplary.

9.  In the processing of this case, the National Archives records were reviewed and General Orders Number 1114, dated 28 August 1971, awarding the applicant the ARCOM, was located and provided to the Board.

10.  Army Regulation 600-8-22, Military Awards, 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.  However, at that time, a single efficiency rating of less than excellent was 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 nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

11.  Army Regulation 600-8-22, provides, , that the Republic of Vietnam Campaign Medal, a foreign award, was awarded to individuals who served in Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive.

12.  The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.  The Vietnam Campaign Medal was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

13.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

14.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are: DA Sanctuary Counteroffensive (1 May through 30 June 1970); Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971); and Consolidation I (1 July to 30 November 1971).

CONCLUSIONS:

1.  The applicant is entitled to have his ARCOM added to his separation document.

2.  In addition, he is entitled to the Vietnam Service Medal with three bronze service stars; the Vietnam Campaign Medal; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on his service in Vietnam.

3.  The Board also considered whether the applicant should have been awarded the Good Conduct Medal.  In this regard, the applicant’s military record shows only exemplary service.  There is no record of any disciplinary action taken or considered against the applicant.  As such, it would appear that the Good Conduct Medal should have been awarded to the applicant.

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 by:

	a.  awarding to the individual concerned the Vietnam Service Medal with three bronze service stars;

	b.  awarding to him the Vietnam Campaign Medal;
	c.  awarding to him the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

	d.  awarding to him the Good Conduct Medal for the period 10 February 1970 to 15 September 1971; and

	e.  by adding these awards, along with his already awarded ARCOM, to his separation document.

BOARD VOTE:  

___fne __  ____mjnt_  ____le__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002077689	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030410	
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.