PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           11 February 2000  
	DOCKET NUMBER:   AR1999028092

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal, the Combat Infantryman Badge and the Good Conduct Medal.

3.  The applicant states, in effect, that he earned these combat medals and they are not reflected on his DD Form 214.  He also contends that the Social Security Number on the citation for award of the Army Commendation Medal is incorrect.  In support of his application, he submits a letter of explanation dated 5 May 1999, a citation for award of the Army Commendation Medal, a copy of his DD Form 214 and page 4 of his DA Form 20 (Enlisted Qualification Record) which shows the first award of the Good Conduct Medal is lined out in item 41 (Awards and Decorations).  

4.  The applicant’s military records show that he enlisted on 4 June 1968 for a period of 3 years.  He served as a powerman in Vietnam from 28 July 1969 through 27 July 1970 and was honorably discharged on 8 March 1971 to enter Adult Vocational School.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal, the Combat Infantryman Badge or the first award of the Good Conduct Medal as authorized awards. 

6.  The applicant provided a copy of a citation for award of the Army Commendation Medal for meritorious service in support of military operations in the Republic of Vietnam during the period July 1969 to July 1970.  The Board notes the citation has two incorrect digits in the applicant’s Social Security Number.

7.  There are no orders for the Combat Infantryman Badge in the applicant’s records.  His records show that he was assigned to the 59th Signal Company in Vietnam in military occupational specialty (MOS) 52A10 (powerman) during his assignment in Vietnam.

8.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that the first award of the Good Conduct Medal is lined out.  His records also show that he received four nonjudicial punishments for reckless driving, failure to go to appointed place of duty (two specifications) and one AWOL period (3 days) during his active duty.    

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  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 awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows the applicant was attached to a signal company and served in MOS 52A10 (powerman) during his assignment in Vietnam.

3.  There is no evidence that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

4.  There are no orders awarding the applicant the Good Conduct Medal during his enlistment.  It appears the applicant’s chain of command disqualified him from the first award of the Good Conduct Medal, as evidenced by his DA Form 20.  The Board notes his record shows instances of indiscipline, absence without leave and imposition of nonjudicial punishment which are disqualifying factors for award of the Good Conduct Medal.  In view of the applicant’s four nonjudicial punishments and 3 days of lost time, the Board has determined that the applicant was not eligible for award of the Good Conduct Medal during his enlistment.

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 Army Commendation Medal.

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

BOARD VOTE:  

MKP_____  GDP___  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999028092	
SUFFIX		
RECON		
DATE BOARDED	20000211	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710308	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	To enter Adult Vocational School	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0111	
3.	107.0056	
4.		
5.		
6.