PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            27 May 1999            
	DOCKET NUMBER:   AR1998013325

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Meta Waller 		Member	
	Mr. Kenneth L. Wright		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, award of the Good Conduct Medal, the Combat Infantryman Badge, the Purple Heart and that military occupational specialty (MOS) 67A10 (aircraft maintenance crewman), MOS 67N20 (single rotor turbine helicopter mechanic), MOS 67M20 (helicopter mechanic) and MOS 64B20 (heavy vehicle driver) be shown on his DD Form 214 (Report of Transfer or Discharge).  

3.  The applicant states that he is entitled to award of the Good Conduct Medal because his records show excellent conduct while in the Army.  He contends that he was in many firefights in Vietnam and should be awarded the Combat Infantryman Badge and that he was wounded on 15 August 1968.   

4.  The applicant’s military records show that he enlisted on 22 August 1967 for a period of 3 years.  He completed basic training at Fort Benning, Georgia, and underwent advanced individual training (AIT) at Fort Rucker, Alabama, for training in MOS 67A10.  On 13 February 1968 the applicant was awarded primary MOS 67N20 and MOS 67A10 was withdrawn.  He served in MOS 67N20 in Vietnam from 13 March 1968 to 10 May 1969.  On 20 August 1969 he was awarded secondary MOS 67M20.  He was separated in the rank of E-5 from active duty with an honorable discharge on 21 August 1970. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Good Conduct Medal, the Combat Infantryman Badge or the Purple Heart as authorized awards.  Item 23a (Specialty Number & Title) shows “67N20 UH-1 Helicopter Rpmn” [Repairman].   

6.  There is no evidence in the applicant’s personnel records that he was considered for the first award of the Good Conduct Medal.  There also is no evidence of record that his chain of command took any action to disqualify him from receiving the Good Conduct Medal.  There is no indication of indiscipline or other adverse action in the applicant’s records.

7.  There are no orders in the applicant’s personnel records which show that he was awarded the Combat Infantryman Badge.

8.  Orders show the applicant was assigned to the 398th Transportation Detachment, 11th Armored Calvary Regiment, in Vietnam in MOS 67N20 on 
16 March 1968.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that his duty MOS in the 398th Transportation Detachment, 11th Armored Calvary Regiment, from 18 March 1968 through 8 May 1969 was 67N20.

9.  There is no evidence in the applicant’s records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the Purple Heart. 
10.  The applicant’s personnel records show that his primary MOS was 67N20.  There is no evidence he was trained in or awarded MOS 64B20.
 
11.  Headquarters, II Field Force Vietnam General Orders Number 1166, dated
14 May 1969, shows the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from March 1968 to May 1969.

12.  Army Regulation 600-8-22 (Military Awards) 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.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 635-5 (Personnel Separations) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time, in pertinent part, states that item 23a (Specialty Number & Title) will list the soldier’s primary MOS number and title.

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three-year period of qualifying Federal military service (active duty from 22 August 1967 through 21 August 1970).

2.  The Board noted the applicant’s contention that he should be awarded the Combat Infantryman Badge based on his participation in “many” firefights in Vietnam.  However, there is no evidence that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not eligible for award of the Combat Infantryman Badge.

4.  Contrary to the applicant’s contention that he was wounded on 15 August 1968 in Vietnam, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.  

5.  The evidence of record shows the applicant was awarded primary MOS 67N20 on 13 February 1968 and that MOS 67A10 was withdrawn.  The evidence also shows he was awarded secondary MOS 67M20 on 20 August 1969.  There is no evidence of record available to the Board which shows he underwent training for or was awarded MOS 64B20.  Therefore, the applicant’s DD Form 214 accurately reflects his primary MOS as “67N20” and, therefore, is correct as currently constituted. 

6.  The applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to correction of his military records to show award of the Army Commendation Medal. 

7.  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 first award of the Good Conduct Medal for the period of 22 August 1967 through 21 August 1970 and the Army Commendation Medal.  

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

BOARD VOTE:  

EW_____  MW_____  KLW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Edward Williamson_____
		CHAIRPERSON

INDEX

CASE ID	AR1998013325	
SUFFIX		
RECON		
DATE BOARDED	19990527	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700821	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 2	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.