PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 January 2001                  
	DOCKET NUMBER:   AR2000046829

	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. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O'Shaughnessy, Jr.		Member	
	Ms. Brenda F. Hirschi		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 that he be awarded the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that he served as an infantryman in Vietnam.

4.  The applicant’s military records show that he completed infantry advanced individual training and basic parachute training at Fort Benning, Georgia and was awarded military occupational specialty (MOS) 11B1P on 17 December 1965.  He served as a grenadier with C Company, 1st Battalion (Airborne), 508th Infantry in Vietnam from 14 February 1968 to 23 May 1968.  He received exclusively excellent conduct and efficiency ratings throughout his career and was released from active duty and transferred to the Army Reserve in pay grade E-4 with an honorable characterization of service.  He earned the Expert Qualification Badge with Machine Gun Bar and the Sharpshooter Qualification Badge with Rifle Bar.

5.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

6.  The regulation also 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

7.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include the Tet Counteroffensive which ended on 1 April 1968 and the Vietnam Counteroffensive Phase IV which ended on 30 June 1968.

8.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross Unit Citation Badge with Palm to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  The applicant held an infantry MOS, served as an infantryman in an infantry company engaged in active ground combat.  He earned the CIB.

2.  He distinguished himself during his period of service as evidenced by his exclusively excellent ratings and his advancement to pay grade E-4.  There is no indication that he was non-recommended for the Good Conduct Medal and it should be authorized.

3.  He served in Vietnam during two campaign periods and is entitled to two bronze service stars for wear on the Vietnam Service Medal.

4.  He is authorized the Republic of Vietnam Gallantry Cross Unit Citation Badge with Palm, the Expert Qualification Badge with Machine Gun Bar and the Sharpshooter Qualification Badge with Rifle Bar.  These awards should be shown on his DD Form 214 (Report of Transfer or Discharge). 

5.  In view of the foregoing, changing the applicant’s records as recommended below would correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned has been awarded the Combat Infantryman Badge and that his authorized awards also include the Good Conduct Medal, Vietnam Service Medal with two bronze service stars, the National Defense Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation Badge with Palm, the Parachutist Badge (Basic), the Expert Qualification Badge with Machine Gun Bar and the Sharpshooter Qualification Badge with Rifle Bar. 

BOARD VOTE:  

__AAO__  ___BFH_  ___TEO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2000046829	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.