PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           14 October 1998    
	DOCKET NUMBER:   AC98-07185

	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. John N. Slone 		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Robert W. Garrett		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 military records to show award of the Expert Infantryman Badge (EIB) and the Good Conduct Medal.

3.  The applicant states that prior to leaving Korea and the Army, he never received the two decorations.

4.  The applicant’s military records show he entered active duty on 
24 August 1976, trained as an infantryman, and served in Korea for over a year. He was separated in the grade of E-4 with an honorable discharge on 20 August 1979.

5.  The applicant’s DD Form 214 (Report of Separation from Active Duty), which was authenticated in his own hand, does not show the EIB or the Good Conduct Medal as authorized awards.

6.  There are no orders in the applicant’s personnel records which show he was awarded the EIB.  There is no evidence that he completed the required proficiency tests.  Item 9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record), which was authenticated in his own hand, does not show the EIB as an authorized award.
    
7.  There is no evidence in the applicant’s personnel record 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.

8.  Army Regulation 600-8-22 prescribes Army policy and procedures for awards, and Paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a soldier must be in an active Army status and must have an infantry or special forces specialty. 

9.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.
CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, that he met the qualifications for or was awarded the EIB.  Therefore, he is not entitled to correction of his military records to show the EIB.

2.  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 24 August 1976 through 20 August 1979).

3.  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 24 August 1976 through 20 August 1979.

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

BOARD VOTE:  

JNS_____  EMW___  RWG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON