PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 8 April 1999             
	DOCKET NUMBER:        AR1999022063

	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. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater 		Member	
	Ms. Barbara J. Ellis		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that the CIB and BSM are not listed on his DD Form 214.  In support of his application he submits a copy of his DD Form 214, 
a copy of his DD Form 215 changing his name and separation date, and a copy of orders awarding him the Army Commendation Medal.

4.  The applicant’s military records show he was inducted on 26 August 1970.  He served in Vietnam from 30 January 1971 to 14 January 1972 as a cook and was honorably discharged on 2 March 1972.

5.  The applicant’s DD Form 214 does not show the CIB and BSM as authorized awards.  

6.  The applicant provided a copy of orders showing award of the Army Commendation Medal.  This award is shown on his DD Form 214; therefore, it is not discussed further in this proceeding.

7.  A DA Form 1577 (Authorization for Issuance of Awards), dated 25 August 1992, shows the Army Reserve Center in St. Louis, Missouri, determined the applicant was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  There is no indication in the applicant’s personnel records that 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 a cook during his assignment in Vietnam.

9.  There is no indication in the applicant’s personnel records that he was recommended for or awarded the Bronze Star Medal.

10.  There is no indication in the applicant’s personnel records that shows he was awarded the first award of 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 ratings 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 in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 served as a cook while serving in Vietnam.  Therefore, he is not eligible for award of the CIB.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal; therefore, he is not entitled to this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 26 August 1970 to 2 March 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant 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:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 24 of his DD Form 214 that the individual concerned was awarded the first award of the Good Conduct Medal for the period 26 August 1970 to 2 March 1972 and the Vietnam Cross of Gallantry with Palm Unit Citation.

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

BOARD VOTE:  

GDP____  JLP_____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		CHAIRPERSON

INDEX

CASE ID	AR1999022063C	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990403	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720302	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL RELIEF	
REVIEW AUTHORITY		
ISSUES         1. 107		
2.		
3.		
4.		
5.		
6.