PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               20 January 1999
	DOCKET NUMBER:      AC98-12036
                                                 AR1998013973

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		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 Presidential Unit Citation, the Expert Badge with Rifle Bar, the Bronze Star Medal, the Combat Infantryman Badge and the Air Medal.

3.  The applicant submitted two DD Forms 149 (Application for Correction of Military Record) in which he states that he was a company clerk during the last 5 ½ months of his Vietnam tour and he saw his own orders for the awards and medals.  He also states that he was given all the awards on discharge from Fort Lewis, Washington and wants his DD Form 214 (Report of Transfer or Discharge) to accurately reflect his service.  In addition, the applicant states that the Presidential Unit Citation was awarded to Company A, 2nd Battalion 502d Infantry, 1st Brigade, 101st Airborne Division for an operation in May 1970.

4.  The applicant’s military records show that he was inducted on 20 November 1969 and completed training as an infantryman.  He served in Vietnam from 4 May 1970 through 3 July 1971 and was honorably discharged on 4 July 1971.

5.  The applicant’s DD Form 214 does not show the Presidential Unit Citation, the Expert Badge with Rifle Bar, the Bronze Star Medal, the Combat Infantryman Badge or the Air Medal as authorized awards.  The Board notes the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation, the Valorous Unit Award and the Good Conduct Medal which are not shown on his discharge document.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that the applicant was assigned to a unit when it was awarded the Presidential Unit Citation.

7.  There are no orders in the applicant’s personnel records which show he was awarded the Expert Badge for qualifying with the M-16 Rifle.  However, his records contain U.S. Army Training Center Special Orders Number 69, dated 8 February 1970, which awarded him the Expert Badge with Machine Gun Bar.

8.  The applicant was awarded the Bronze Star Medal by Headquarters, 101st Airborne Division General Orders Number 2309, dated 18 March 1971.  He was awarded the Combat Infantryman Badge by 101st Airborne Division Special Orders Number 91, dated 1 April 1971, the Air Medal by 101st Airborne Division, General Orders Number 2990, dated 11 April 1971, the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974 and the Valorous Unit Award by Department of the Army General Order Number 50, dated 1971.

9.  The applicant’s records show that his conduct and efficiency were “excellent” throughout his service.  However, there is no evidence that he was awarded or disqualified from receiving the first award of the Good Conduct Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

11.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

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 not assigned to a unit during the period the Presidential Unit Citation was awarded; therefore, he is not entitled to correction of his records to show this award.

2.  There is no evidence of record which shows the applicant qualified as an Expert with the M-16 Rifle.  However, evidence of record shows the applicant was awarded the Expert Badge with Machine Gun Bar; therefore, he is entitled to correction of his records to show this award. 

3.  The applicant was awarded the Bronze Star Medal, the Combat Infantryman Badge, the Air Medal, the Vietnam Cross of Gallantry with Palm Unit Citation and the Valorous Unit Award.  Therefore, he is entitled to correction of his records to show these awards.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 20 November 1969 through 4 July 1971 based on completion of a period of qualifying service ending with the 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 Expert Badge with Machine Gun Bar, the Bronze Star Medal, the Combat Infantryman Badge, the Air Medal, the Vietnam Cross of Gallantry with Palm Unit Citation, the Valorous Unit Award and the Good Conduct Medal.

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

BOARD VOTE:  

JH______  RWG____  DSJ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12036/AR1998013973	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990120 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.