PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            9 December 1998   
	DOCKET NUMBER:   AC98-11534

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 Purple Heart, the Combat Infantryman Badge (CIB), unspecified unit citations, and the Good Conduct Medal. 

3.  The applicant states that, in effect, his military records do not show these awards.  He contends he was wounded in Vietnam while assigned to an infantry unit supported by his artillery group.  He also contends he should receive the CIB for his assignment to an infantry unit.  

4.  The applicant’s military records show he entered active duty on 21 October 1966, served as a heavy truck driver and field artillery ammunition specialist in Vietnam from 3 October 1967 to 6 June 1968 and was separated in the grade of E-4 with an honorable discharge on 29 July 1969.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart, the CIB, unit citations or the Good Conduct Medal as authorized awards.  The Board notes the applicant was awarded the Meritorious Unit Commendation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  

6.  45th Surgical Hospital General Orders Number 22, dated 28 May 1968, shows the applicant was awarded the Purple Heart for wounds sustained in Vietnam on 27 May 1968.

7.  Evidence of record shows the applicant was assigned to an artillery battery in military occupational specialty (MOS) 64B (heavy vehicle driver) and MOS 13A (ammunition specialist) while serving in Vietnam. 

8.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Order 17, dated 1969.

9.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 51, dated 1971.

10.  There is no evidence in the applicant’s personnel records 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.

11.  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.

12.  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.  The applicant was awarded the Purple Heart for wounds sustained on 27 May 1968 in Vietnam; therefore, he is entitled to correction of his military records to show this award.

2.  Evidence of record shows the applicant served in a mechanic’s MOS and an artillery MOS, not an infantry MOS, during his assignment in Vietnam.  Therefore, he is not eligible for award of the CIB.     

3.  The applicant was awarded the Meritorious Unit Commendation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his military records to show these awards.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 21 October 1966 through 20 July 1969 based on completion of a period of qualifying service ending with termination of a period of Federal military service.

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 Purple Heart, the Meritorious Unit Commendation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, and the first award of the Good Conduct Medal for the period 21 October 1966 through 20 July 1969.

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

BOARD VOTE:  

JH______  FNE_____  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11534/AR1998012290	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981209	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690729	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.