PROCEEDINGS 

	IN THE CASE OF:  

	BOARD DATE:           31 October 2002                  
	DOCKET NUMBER:   AR2002074566

	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. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 DD Form 214 (Report of Transfer or Discharge) be corrected to show that he was inducted on 27 June 1968 vice 1967 and to update his awards.  His request to change his rank has been administratively accomplished by the 13 September 1973 issuance of a DD Form 215 (Correction to DD Form 214). 

3.  The applicant states, in effect, that he didn't care when he was discharged because he was in a hurry to get home, but now he believes it is important that his DD Form 214 accurately reflect his period of service,

4.  The applicant’s military records show that he was inducted on 27 June 1968, completed training as an infantryman and qualified for the Marksman Qualification Badge with Rifle, Grenade, and Machinegun Bars.  He reported for duty in Vietnam with the Americal Division on 11 November 1969.  He served as a team leader and machine gunner with D Company, 3rd Battalion 21st Infantry, 196th Infantry Brigade.  He was awarded the Combat Infantryman Badge on 21 December 1969 and the Bronze Star Medal on 4 April 1970.

5.  The applicant returned to the United States on 19 March 1970 and was separated early to attend college.  He was transferred to the Army Reserve with an honorable characterization of service on 23 March 1970.  There is no discreditable evidence of record and his conduct and efficiency ratings were excellent throughout the period of active duty.  The DD Form 214 lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal and the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 also 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.  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 (Enlisted Qualification Record).

7.  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 also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  These include:  Vietnam Winter-Spring 1970; beginning on 1 November 1969 and ending on 30 April 1970.

8.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  The applicant was inducted on 27 June 1968.

2.  In addition to the awards currently listed on his DD Form 214 the applicant was awarded, authorized or earned the Bronze Star Medal, a bronze service star for wear on the Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation, and the Marksman Qualification Badge with Rifle, Grenade and Machine Gun Bars.

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his offense free record and excellent conduct and efficiency ratings and should be awarded the Good Conduct Medal for the period from 27 June 1968 to 23 March 1970.

4.  All of the above conclusions should be reflected on the applicant's DD Form 214.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that individual concerned was:

a.  inducted on 27 June 1968; 

b.  awarded the Good Conduct Medal for the period from 27 June 1968 to 23 March 1970; and

c.  that his other authorized awards consist of the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the RVN Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, the Marksman Qualification Badge with Rifle, Grenade and Machinegun Bars.

BOARD VOTE:  

__CLG__  __RKS___  __DPH_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   _Curtis L. Greenway____
		        CHAIRPERSON

INDEX

CASE ID	AR2002074566	
SUFFIX		
RECON		
DATE BOARDED	20021031	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	100.00
107.00	
2.		
3.		
4.		
5.		
6.