PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001064436


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		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.

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2. The applicant requests correction of his records to show award of the Good Conduct Medal.

3. The applicant states that he is entitled to a Good Conduct Medal and that he honorably served on active duty for a period of 5 years, 5 months and 27 days. In support of his application, he submits three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he initially served in the Texas Army National Guard from 28 August 1960 through 19 September 1961. He was inducted in the Army on 20 September 1961 and completed training as an armor intelligence specialist. He continued to serve on active duty through a series of reenlistments. He completed overseas assignments in Germany and Vietnam and was honorably discharged from active duty on 16 September 1966.

5. The applicant’s personnel records contain three DD Forms 214. These discharge documents do not show entitlement to award of the Good Conduct Medal.

6. There are no orders in the applicant’s records which show he was awarded the Good Conduct Medal. There is no indication in his personnel records that he was recommended for this award by his chain of command.

7. During the period 20 September 1961 through 20 September 1964, the applicant received conduct and efficiency ratings of “good” and a conduct rating of “fair.” During this period he also received a conduct rating of “fair” with an efficiency rating of “excellent.” He received nonjudicial punishment for being absent from his unit, for disobeying a lawful order, and for being absent and disorderly during this same period. These factors disqualified him from award of the Good Conduct Medal effective 20 September 1964. Based on his records, his second period of eligibility for award of the Good Conduct Medal started again effective 21 September 1964 and ended with his discharge on 16 September 1966.

8. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 5 February 1988, which shows he was authorized award of the Presidential Unit Emblem (currently known as the Presidential Unit Citation), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with three bronze service stars. However, there is no evidence that the applicant’s DD Form 214, which covers his Vietnam service, was ever amended to show these awards.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, Troop C, 1st Squadron, 4th Cavalry, was cited for award of the Presidential Unit Citation for actions during the period June to July 1966 based on Department of the Army General Orders Number 31, dated 1967.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit in Vietnam, Troop C, 1st Squadron, 4th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows that the applicant’s unit in Vietnam, Troop C, 1st Squadron, 4th Cavalry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

12. The applicant’s DD Form 214, with an effective date of 16 September 1966, shows entitlement to the Vietnam Service Medal. Army Regulation 600-8-22, Table B-1, shows the applicant is entitled to credit for participation in the Vietnam Defense Campaign, the Vietnam Counteroffensive Campaign, and the Vietnam Counteroffensive Campaign, Phase II for his tour in Vietnam.

13. 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. There is no evidence of record which shows the applicant was recommended for or awarded the Good Conduct Medal during his first period of eligibility (20 September 1961 through 20 September 1964). Records show he received conduct and efficiency ratings of “good” and a conduct rating of “fair” during this period as well as three nonjudicial punishments. Therefore, he was disqualified for award of the Good Conduct Medal during his first 3-year period of eligibility.

2. Inasmuch as he did not complete a 3-year period of qualifying service beginning 21 September 1964, he was not eligible for award of the Good Conduct Medal for the period 21 September 1964 through 16 September 1966.

3. While the applicant was assigned to the 1st Squadron of the 4th Cavalry in Vietnam, the unit was cited for award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214, with an effective date of 16 September 1966, will be amended to show these awards.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to the individual concerned be corrected:

         a. by deleting the Vietnam Service Medal from item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, with an effective date of 16 September 1966; and

         b. by amending his DD Form 214, with an effective date of 16 September 1966, to show he was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with three bronze service stars.

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

BOARD VOTE:

JNS_____ JTM_____ LDS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064436
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020321
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0056
2.	107.0000
3.
4.
5.
6.