PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                5 August 1999
	DOCKET NUMBER:        AR1999020651

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Combat Infantryman Badge (CIB).

3.  The applicant states that he received a certificate of service from the 5th Special Forces Group (Airborne) lst Special Forces while serving in Vietnam.  He also states that he never received the CIB and that it is not listed on his DD Form 214.  In support of his application he submits a copy his DD Form 214 and a copy of a certificate of service from Headquarters, 5th Special Forces Group (Airborne) 1st Special Forces.

4.  The applicant’s military records show he enlisted on 29 December 1964 as an observation utility helicopter mechanic (67N).  He served in Vietnam from 16 May 1966 to 4 May 1967 and was honorably discharged on 14 December 1967.

5.  The applicant’s DD Form 214 shows he was awarded the Expert Qualification Badge (Rifle M14), the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, the Aircraft Crewman Badge, the Parachute Badge, the Air Medal, one Overseas Service Bar and the National Defense Service Medal.

6.  The applicant’s DD Form 214 does not show the CIB as an authorized award.

7.  There is no indication in the applicant’s personnel records that show he was awarded an infantry military occupational specialty (MOS), that he served in an infantry duty position or that he was awarded the CIB.  Records show the applicant served as an observation utility helicopter mechanic while serving in Vietnam.

8.  The Board notes that the applicant is entitled to the Meritorious Unit Commendation Medal, the Vietnam Gallantry Cross with Palm Unit Citation and the first award of the Good Conduct Medal for the period 29 December 1964 to 14 December 1967, which are not shown on his discharge document.

9.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Orders 17, dated 1968 and the Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 22, dated 1968.

10. There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
However, his records show that he received excellent conduct and efficiency rating during his entire period of service.  There is no evidence of derogatory information contained in the available 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.  Evidence of record shows that the applicant served as an observation utility helicopter mechanic while serving in Vietnam.  Therefore, he is not eligible for award of the CIB.

2.  The applicant was awarded the Meritorious Unit Commendation and the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 29 December 1964 to 14 December 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing in item 24 (Decoration and Awards) of his DD Form 214 that he was awarded the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the first award of the Good Conduct Medal for the period 29 December 1964 to 14 December 1967.

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

BOARD VOTE:  

MDM____  AAO____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999020651	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19671214	
DISCHARGE AUTHORITY	AR  635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 157		
2.  		
3.  		
4.  		
5.  		
6.