PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 October 2003                 
	DOCKET NUMBER:   AR2003084954

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein. 

	The applicant did (not) appear before the Board and was (not) represented by counsel.

	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 award of the Army Commendation Medal (ARCOM). 

3.  The applicant states in effect, that his DD Form 214 (Report of Transfer or Discharge) dated 11 May 1969, should reflect that he was awarded the ARCOM.

4.  The applicant’s military records show that on 19 July 1966, he enlisted in the Regular Army for a period of 3 years.  He completed training in military occupational specialty (MOS) 26C30, (Ground Surveillance Radar Repairman).  After duty at Fort Monmouth, New Jersey, he was transferred to the Republic of Vietnam (RVN) for duty in his MOS on 29 July 1968.  While stationed in the RVN he first served with the 323rd Aviation Detachment.  He then transferred to the Headquarters & Headquarters Company (HHC), the 58th Aviation Group on 
21 October 1968 and to the 312th Aviation Support Detachment on 12 February
1969, but continued to perform duty with the HHC, 58th Aviation Group.  On 9 May 1969, he returned to the United States.  

5.  On 11 May 1969, he was separated with an honorable characterization of service and transferred to the Army Reserve in the rank of sergeant, pay grade
E-5.  He completed 2 years, 9 months and 23 days of creditable active service with no lost time.  

6.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "60" device.  It does not show award of the Army Commendation Medal.

7.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Additionally, Special Orders Number 18, dated 13 February 1968, show that the applicant completed the weapons qualification training and was awarded the Sharpshooter Qualification Badge with Rifle Bar.  His DD Form 20 (Enlisted Qualification Record) shows he was awarded the Sharpshooter Qualification Badge with Rifle Bar.  It does not show that he was authorized award of the Army Commendation Medal.

9.   On 6 June 2003, a search of the unit’s historical files at the National Archives in College Park, Maryland, failed to show that he is authorized award of the Army Commendation Medal.  

10.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register dated 29 January 1968, shows that the 312th Aviation Detachment was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 January 1969 – 30 September 1970 by the DAGO 6, 1974.  

11.  Army Regulation 670-1, in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present 
for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

12.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for 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 regulation also lists the designated campaign periods for which a bronze service star (BSS) is authorized for wear on the Vietnam Service Medal.  These include: the Counteroffensive V, beginning 
31 June 1968 and ending on 1 November 1968; and the Counteroffensive Phase VI, ending on 22 February 1969.

13.  The available records do not show that the applicant was awarded the Good Conduct Medal.  However, there is no evidence that his unit commander disqualified him from award of the Good Conduct Medal, neither is there any derogatory information contained in the available records.  His conduct and efficiency ratings were excellent from 19 July 1966 to until his separation on 
11 May 1969. 

14.  Army Regulation 600-8-22 provides that the Good Conduct Medal (GCMDL) 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.  However, at that time, a single efficiency rating less than excellent was disqualifying.  Although there is no automatic entitlement to the GCMDL, 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.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has not provided 
any evidence, which shows that he was recommended for award of the Army Commendation Medal.  

2.  The applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Qualification Badge with Rifle Bar and two BSSs for wear on his Vietnam Service Medal.  These awards should be added to his DD Form 214.  

3.  Therefore, the applicant’s record shows that he participated in two campaigns during his tour of service in RVN from 28 June 1968 to 8 May 1969 and is entitled to two bronze service stars.  

4.  Additionally, the applicant has also distinguished himself by his efficiency and fidelity as evidenced by promotion to sergeant, pay grade E-5, his combat service and his offense-free behavior.  He should be awarded the Good Conduct Medal for the period from 19 July 1966 through 11 May 1969.

5.  In view of the foregoing, findings and conclusions correcting the applicant’s record as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the following authorized awards:

a.  the Army Good Conduct Medal; 

b.  the Vietnam Service Medal with two bronze service stars;

c.	the RVN Gallantry Cross with Palm Unit Citation;

d.  the Sharpshooter Qualification Badge with Rifle Bar. 

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

BOARD VOTE:  

KAN       _  LE             JTM       _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		
		_Kathleen A. Newman__
		        CHAIRPERSON

INDEX

CASE ID	AR2003084954	
SUFFIX		
RECON		
DATE BOARDED	10-02-2003	
TYPE OF DISCHARGE	 HON	
DATE OF DISCHARGE	11-05-69	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	NA	
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A107.0057	
2.	A107.0073	
3.	A107.0094	
4.	A107.0109	
5.		
6.