PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2002081678


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Lawrence Foster		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, in effect, award of the Cold War Recognition Certificate, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Vietnam Service Medal and the Good Conduct Medal.

3. The applicant states, in effect, that he may be eligible for these awards and ribbons since the dates for service in Vietnam were changed after his discharge. He contends that he was in Thailand from 1962 to 1963.

4. The Board notes that the applicant has requested award of the Cold War Recognition Certificate. The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445. Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

5. The applicant’s military records show that he enlisted on 7 October 1960 for a period of 3 years. He served as an operating room specialist in Thailand from
26 May 1962 through 17 July 1963 and was honorably released from active duty on 22 July 1963.

6. The applicant's DD Form 214, which was authenticated in his own hand, does not show the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Vietnam Service Medal or the Good Conduct Medal as authorized awards.

7. The Board notes that the applicant served a period of qualifying service for award of the National Defense Service Medal.

8. There is no evidence in the applicant's service personnel records that shows he had an Active Army status on or after 1 August 1981.

9. There is no evidence in the applicant's service personnel records that shows he served in Vietnam after 3 July 1965 through 28 March 1973 or that he served in Thailand during that same period in direct support of operations in Vietnam.

10. There is no evidence the applicant received the first award of the Good Conduct Medal. However, the applicant's service personnel records show that he received nonjudicial punishment on 10 July 1963.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

12. Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

13. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

14. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Regulation also states that members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace thereover, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.

15. 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.

CONCLUSIONS:

1. Based on the applicant's honorable service from 7 October 1960 through
22 July 1963, he is entitled to award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.

2. The Board considered the applicant's request for award of the Army Service Ribbon and the Overseas Service Ribbon. However, evidence of record shows all of the applicant’s service in an active status was prior to 22 July 1963. Evidence of record also shows that the applicant did not serve in an active status after 1 August 1981. Therefore, the applicant did not qualify for retroactive award of the Army Service Ribbon or the Overseas Service Ribbon because he did not serve in an active status after 1 August 1981 as required by the regulation governing military awards. As a result, the Board determined that there is insufficient evidence on which to base award of the Army Service Ribbon or the Overseas Service Ribbon in this case.

3. The Board considered the applicant's request for award of the Vietnam Service Medal. However, there is no evidence of record which shows the applicant served in Vietnam during the period 3 July 1965 to 28 March 1973 or that he served in Thailand during that same period in direct support of operations in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Vietnam Service Medal in this case.

4. The Board noted the applicant's request to show the Good Conduct Medal on his discharge document. However, there are no orders for the Good Conduct Medal in the available records. The Board notes that there is evidence of indiscipline which may have resulted in the applicant's disqualification for award of the Good Conduct Medal. In view of the applicant's nonjudicial punishment, the Board has determined that the applicant was not eligible for award of the Good Conduct Medal.

5. 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 this case be corrected by showing that the individual concerned was awarded the National Defense Service Medal.

2. That so much of the application as pertains to the Army Service Ribbon, the Overseas Service Ribbon, the Vietnam Service Medal and the Good Conduct Medal be denied.

BOARD VOTE:

MKP___ TSK_____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Margaret K. Patterson__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081678
SUFFIX
RECON
DATE BOARDED	20030513
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.