PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                16 December 1999
	DOCKET NUMBER:        AR1999028770

	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. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.
Mr. Stanley Kelly		Member
Member	

	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 the award of the Combat Infantryman Badge (CIB), the Army Commendation Medal, the Purple Heart, the Good Conduct Medal and the Expert Qualification Badge with Pistol (45 Caliber) and Rifle Bar (M14).

3.  The applicant states, in effect, that the aforementioned awards are not listed on his DD Form 214.  In support of his application he submits a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record). 

4.  The applicant’s military records show he entered active duty on 25 October 1967 as a heavy vehicle driver (62E).  He served in Vietnam from 29 March 1968 to 28 March 1969 and from 9 July 1969 to 7 July 1970 and was honorably discharged on 8 July 1970.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooter Qualification Badge Rifle Bar (M-16) and two Overseas Service Bars.  His discharge document does not show the Combat Infantryman Badge (CIB), the Army Commendation Medal, the Purple Heart, the Good Conduct Medal, or the Expert Qualification Badge with Pistol (45 Caliber) and Rifle Bar
(M14) as authorized awards.

6.  There are no orders in the applicant’s personnel records, which show that he was awarded the Combat Infantryman Badge.  Records show that he served as a heavy vehicle driver (62E) in an engineer company while serving in Vietnam.

7.  There is no indication in the applicant’s service personnel records that show he was considered or recommended for award of the ARCOM.

8.  There is no entry for a wound sustained in combat recorded in item 
40 (Wounds) and no entry for award of the Purple Heart recorded in item 
41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record).

9.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

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

11.  There is no indication in the applicant’s personnel records that show he was qualified for or awarded the Expert Qualification Badge with Pistol (45 Caliber) or Rifle Bar (M14).

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 Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official records.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguished 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.

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1.  Evidence of record shows that the applicant served as a heavy vehicle driver
(62E) while serving in Vietnam.  Therefore, he not eligible for award of the CIB.
2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was considered for or awarded the ARCOM.  Therefore, he is not entitled to correction of his records to show this award.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Vietnam.  Therefore, he is not entitled to correction of his military records to show the Purple Heart.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 25 October 1967 to 8 July 1970 based on a 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.  There is no evidence or record to show that he was awarded the Expert Qualification Badge with Pistol (45 Caliber) or Rifle Bar (M14).  Therefore, he is not entitled to correction of his records to show these awards.

6.  In view of the foregoing findings and conclusion, 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 (Decorations and Awards) of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 25 October 1967 to 8 July 1970.

BOARD VOTE:  

FKM____  FVO_____  SK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred K. McCoy_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028770	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991216	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19790708	
DISCHARGE AUTHORITY	AR  635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 157 		
2.		
3.		
4.		
5.		
6.