PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:       10 November 1998   
	DOCKET NUMBER:   AC98-11432

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Ms. Margaret K. Patterson		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 award of the Combat Infantryman Badge.  In support of his request he submits copies of his Air Medal order and Operation Reports from his unit during his period of assignment in Vietnam.

3.  Records available to the Board indicate the applicant entered active duty on 
2 November 1966 and was assigned to Vietnam as an infantryman (specialty 11H) in May 1967.  He remained in Vietnam until April 1968 and as a result of his meritorious service was awarded an Army Commendation Medal.

4.  The applicant completed his service contract at Fort Hood, Texas and on 
1 November 1968 was released from active duty with an honorable characterization of service in pay grade E-4.  His conduct and efficiency ratings throughout his service were excellent.  His separation document does not reflect entitlement to the Combat Infantryman Badge and his award of the Army Commendation Medal was omitted from the report.

5.  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.  The Awards Branch, 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 specialty 11B, 11C, 11F, 11G, or 11H.

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.  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.

CONCLUSIONS:

1.  The evidence confirms the applicant was entitled to award of the Combat Infantryman Badge based on his service as an infantryman in Vietnam and as such should be awarded the Badge.

2.  The evidence also confirms he was awarded an Army Commendation Medal which was omitted from his separation document.

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 1 November 1968.  There is no evidence he was ever disqualified from receiving the award and no evidence of any misconduct which would justify denying the award.  As such the applicant should be awarded the Army Good Conduct Medal for the period 1 November 1966 through 1 November 1968.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

a.  by awarding the individual concerned the Combat Infantryman Badge based on his service as an infantryman in Vietnam;

b.  by awarding him the Army Good Conduct Medal for the period              2 November 1966 through 1 November 1968; and

c.  by showing that he was awarded an Army Commendation Medal for meritorious service.

BOARD VOTE:  

__CMF__  __INW___  _MKP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON