PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:           10 November 1998                  
	DOCKET NUMBER:   AC98-10663

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. 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 that his records be corrected to show his entitlement to award of the Combat Infantryman Badge (CIB).

3.  The applicant states that he served as an infantryman while in Vietnam and was awarded the CIB.

4.  The applicant’s military records show that he was inducted on 12 September 1967.  He completed his required training and was awarded military occupational specialty (MOS) 95B (Military Policeman).  He served in Vietnam from 29 February 1968 to 16 June 1968.  The applicant was honorably discharged on 11 September 1969

5.  The applicant’s DD Form 214 (Report of transfer or Discharge) does not show the CIB as an authorized award.  The Board notes that the applicant is entitled to the Vietnam Cross of Gallantry with Palm Unit Citation and the first award of the Good Conduct Medal which are not shown on his DD Form 214.

6.  Orders show the applicant was assigned to the 2d Battalion of the 7th Cavalry in Vietnam and that his duty position was in MOS 11B (light weapons infantry).

7.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order 8, dated 1974.

8.  There is no evidence that the applicant was awarded the first award of the Good Conduct Medal.  There also is no evidence that the applicant was disqualified from receiving this award.  His conduct and efficiency throughout his service was rated excellent.

9.  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.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal (GCMDL) 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 thee is no automatic entitlement to the GCMDL, disqualification must be justified.  
CONCLUSIONS:

1.  Notwithstanding the fact that the applicant was trained as a military policeman, evidence of record shows that he was serving in an infantry position requiring an infantry MOS at the time he was wounded in combat.  Therefore, the applicant is entitled to award of the CIB.

2.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 12 September 1967 through 11 September 1969 based on completion of a qualifying period of service ending with the termination of a period of Federal military service.

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 by showing the individual concerned was awarded the CIB, the Vietnam Cross of Gallantry with Palm Unit Citation, and the first award of the Good Conduct Medal for the 12 September 1967 to 11 September 1969.

BOARD VOTE:  

CMF____  IEW_____  MKP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON