PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           19 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002075454

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Combat Medical Badge, two awards of the Army Commendation Medal, and an Army Good Conduct Medal.  He states, in effect, that he believes a "military clerical error" occurred and the awards were omitted from his separation document.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant was inducted and entered active duty on 28 March 1968.  He successfully completed training and in September 1968 was assigned to Vietnam as a medical corpsman with Headquarters and Headquarters Company (HHC) and Company D of the 2nd Battalion, 34th Armor.  Prior to departing Vietnam, in August 1969, he was promoted to pay grade E-5 and awarded a Combat Medical Badge and one Army Commendation Medal.  Both awards were confirmed in orders issued by the 25th Infantry Division but both awards were omitted from his separation document.

4.  Following the applicant's departure from Vietnam he was assigned to Fort Knox, Kentucky and on 27 March 1970 he was released from active duty with an honorable characterization of service. His conduct and efficiency ratings, throughout his military service, were excellent.

5.  Army Regulation 600-8-22 states 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.  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.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

6.  Army Regulation 600-8-22 also states that the Army Commendation Medal, an individual decoration, may be awarded to any member of the Armed Forces who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service.  As with all individual decorations, a recommendation, approval through the chain of command, and announcement in orders is required.

7.  As a result of the applicant's service in Vietnam he is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation (one awarded during his assignment with HHC and the second while assigned to Company D), and four bronze service stars on his Vietnam Service Medal denoting participation in four designated campaign periods (Vietnam Counteroffensive Phases V and VI, TET 69 Counteroffensive, Vietnam Summer-Fall-1969).  Although his separation document does reflect the Vietnam Service Medal, the other awards were omitted from his separation document.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Combat Medical Badge and one Army Commendation Medal.  Both awards, however, were omitted from his separation document.  There is no evidence, and the applicant has not provided any, that he was awarded a second Army Commendation Medal.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 27 March 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 of 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 28 March 1968 through 
27 March 1970.

3.  The evidence also confirms the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, 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:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing that he was awarded the Combat Medical Badge and one Army Commendation Medal;

b.  by awarding him the Army Good Conduct Medal for the period 
28 March 1968 through 27 March 1970; and

c.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and four bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:  

__JHL___  __MMD _   __REB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002075454	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020919	
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.