PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                21 April 1999
	DOCKET NUMBER:        AR1998013908

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Gary F. Geraets		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 correction of his records to show award of the Army Commendation Medal, the Combat Infantryman Badge (CIB), and the Presidential Unit Citation.

3.  The applicant states that these are awards that he earned.  In support of his application, he provided a copy of orders for the Army Commendation Medal.

4.  The applicant’s military records show that he entered active duty on 2 November 1965 and completed training as an infantryman.  He served as a vehicle driver and operations specialist in Vietnam from 15 September 1966 to 30 July 1967.  The applicant was honorably discharged on 1 November 1968.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Army Commendation Medal, the CIB, or the Presidential Unit Citation as authorized awards.  The Board notes that the applicant was eligible for the first award of the Good Conduct Medal and is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Unit Citation which are not shown on his discharge document.

6.  The applicant provided a copy of 4th Infantry Division General Orders Number 2703, dated 26 August 1967, which awarded him the Army Commendation Medal for meritorious service from September 1966 to August 1967.

7.  There is no evidence in the applicant’s records that he was awarded the CIB.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that during his assignment in Vietnam he served as a vehicle driver and an operations specialist at the 1st Brigade Headquarters of the 4th Infantry Division.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB and he audited this document on 26 September 1967 shortly after departing from Vietnam.  

8.  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, was cited for award of the Presidential Unit Citation for actions during the period 18 to 26 May 1967.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 3, dated 1970.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 53, dated 1970.

12.  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.  Paragraph 8-6 specifically states that a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

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.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his records to show this award.

2.  Evidence of records shows that the applicant was assigned to a unit in Vietnam when it was cited for award of the Presidential Unit Citation; therefore, he is entitled to this award and correction of his records to show this award.

3.  Evidence of record shows the applicant is entitled to the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

4.  There is no evidence which shows the applicant was awarded the CIB, and the applicant signed his DD Form 214 attesting to the fact that he was not awarded the CIB.  The Board noted that the applicant served in an infantry brigade headquarters as a vehicle driver and operations specialist and that the brigade commander was the approval authority for award of CIB.  In view of the foregoing, it appears unlikely that the applicant failed to receive this badge due to oversight.  The preponderance of evidence of record indicates that the applicant was not entitled to award of the CIB.  In the absence of evidence which shows that the applicant was otherwise entitled to this badge or that he was personally present and under hostile fire while serving in an assigned infantry primary duty, the Board determined that the applicant was not eligible for award of the CIB.

5.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 2 November 1965 to 1 November 1968.  Therefore, he is entitled to correction of his records to show this award.

6.  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 the individual concerned was awarded the Army Commendation Medal, the Presidential Unit Citation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

CMF_____  SK_____  GFG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		CHAIRPERSON

INDEX

CASE ID	AR1998013908	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990421	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19681101	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.