PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 19 January 2000
	DOCKET NUMBER:        AR1999027698

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the secondary military occupational specialty (SMOS) of 11B40 and to show that he was awarded the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that his DD Form 214 does not show his SMOS of 11B40 or award of the Combat Infantryman Badge.  In support of his application he submits a copies of orders awarding him the Purple Heart, the Bronze Star Medal, the Army Commendation Medal with “V” Device and a copy of orders awarding him the SMOS of 11B40.

4.  The applicant’s military records show he entered active duty on 9 October 1967 as a wheel vehicle mechanic (63B).  He served in Vietnam from 17 June 1968 to 13 May 1970 and was honorably discharged on 14 May 1970.

5.  The applicant’s DD Form 214 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal with “V” Device, the Vietnam Campaign Medal, four Overseas Service Bars, the Vietnam Cross of Gallantry with Palm and the Bronze Star Medal.  His discharge document does not show the Combat Infantryman Badge or any additional awards of the Army Commendation Medal as authorized awards.

6.  The applicant’s records contain a DD Form 215 (Correction to DD Form 214), dated 30 June 1971, which amended his DD Form 214, to show that he was
awarded the Purple Heart.

7.  Headquarters, 1st Infantry Division Special Orders Number 80, dated 21 March 1970, awarded 11B40 as the applicant’s SMOS.

8.  There are no orders in the applicant’s personnel records, which show that he 
was awarded the Combat Infantryman Badge.  Records show he served as a wheel vehicle mechanic (63B) in an infantry unit from 17 June 1968 to 28 March 1968 and as a security guard (11B) in an armor unit from 29 March to 9 May 1970 while serving in Vietnam.

9.  Headquarters, 1st Infantry Division, General Orders Number 1029, dated 25 January 1970, awarded the Army Commendation Medal second Oak Leaf Cluster) to the applicant.

10.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal for the period 9 October 1967 to 14 May 1970.

11.  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 ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records.

12.  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.

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 was awarded the SMOS of 11B40 on 21 March 1970.  Therefore, item 30 (Remarks) of his DD Form 214 should be corrected to show the entry “SMOS 11B40 - Effective Date:  21 March 1970”.

2.  Evidence of record shows that he served as a wheel vehicle mechanic (63B)
in an infantry unit and as a security guard in an armor unit while serving in Vietnam.  Therefore, he is not entitled to correction of his records to show the Combat Infantryman Badge.

3.  Evidence of record shows that he was awarded the Army Commendation 
Medal second Oak Leaf Cluster on 25 January 1970.  Evidence of record also shows that he received the third award (Army Commendation Medal second Oak Leaf Cluster) instead of the second award (Army Commendation Medal first Oak Leaf Cluster).  However, due to an administrative error, Headquarters, 1st Infantry Division General Order Number 1029, dated 25 January 1970, indicated second Oak Leaf Cluster instead of first Oak Leaf Cluster.  Therefore, he is entitled to correction of his records to show the Army Commendation Medal with “V” Device first Oak Leaf Cluster.
4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 9 October 1967 to 14 May 1970 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.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 30 (Remarks) the entry the entry “SMOS 11B40 - Effective Date:  21 March 1970” and in item 24 (Decorations and Awards) of his DD Form 214 that he was awarded the Army Commendation Medal with “V” Device first Oak Leaf Cluster and the first award of the Good Conduct Medal for the period 9 October 1967 to 14 May 1970.

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

BOARD VOTE:  

RVO____  CLG_____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999027698	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000119	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19990514	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.   157		
3.  1021		
4.		
5.		
6.