PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               20 January 2000
	DOCKET NUMBER:       AR1999027753

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		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 records to show award of he Purple Heart, the Combat Infantryman Badge, and the Army Commendation Medal with “V” Device.

3.  The applicant states the he was medically evacuated from Vietnam before his records were properly prepared.

4.  The applicant’s military records show that he was inducted on 8 May 1969 and completed training as a light weapons infantryman.  He served in Vietnam from November 1969 through December 1969 and was honorably discharged on 7 May 1971.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart, the Combat Infantryman Badge, or the Army Commendation Medal with “V” Device as authorized awards.

6.  The applicant provided a copy of 85th Evacuation Hospital General Orders Number 142, dated 24 December 1969, which awarded the applicant the Purple Heart for wounds sustained on 23 December 1969.

7.  There are no orders in the applicant’s records which awarded him the Combat Infantryman Badge.  The applicant’s DA Form 20 (Enlisted Qualification Record) 
shows that he served in an infantry company as a rifleman (military occupational specialty 11B10) until he was wounded on 23 December 1969.  

8.  The applicant provided a copy of 101st Airborne Division General Orders 1933, dated 22 February 1970, which awarded the applicant the Army Commendation Medal with “V” Device for his actions on 23 December 1969.

9.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

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.  Orders show the applicant was awarded the Purple Heart, the Army Commendation Medal with “V” Device and the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

2.  The applicant was awarded infantry military occupational specialty 11B10.  While in Vietnam he served as a rifleman in an infantry company in combat.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge. 

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 8 May 1969 through 7 May 1971 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, 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:

	a.  by showing the individual concerned was awarded the Purple Heart, the Army Commendation Medal with “V” Device and the Vietnam Cross of Gallantry with Palm Unit Citation;

	b.  by showing he was awarded the Combat Infantryman Badge;

	c.  by showing he was awarded the first award of the Good Conduct Medal for the period 8 May 1969 through 7 May 1971.

BOARD VOTE:  

RGH____  GFG_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Robert G. Hinkle______
		        CHAIRPERSON

INDEX

CASE ID	AR1999027753	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710507	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.